The Future of International Courts
Regional, Institutional and Procedural Challenges
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The end of World War II marked the beginning of a new golden era in international law. Treaties and international organisations proliferated at an unprecedented rate, and many courts and tribunals were established with a view to ensuring the smooth operation of this new universe of international relations. The network of courts and tribunals that exists today is an important feature of our global society. It serves as an alternative to other, sometimes more violent, forms of dispute settlement.
The process of international adjudication is constantly evolving, sometimes in unexpected ways. Through contributions from world-renowned experts and emerging voices, this book considers the future of international courts from a diverse range of perspectives. It examines some of the regional, institutional and procedural challenges that international courts face: the rising influence of powerful states, the turn to populism, the interplay between courts, the involvement of non-state actors and third parties in international proceedings, and more. The book offers a timely discussion of these challenges, with the future of several international courts hanging in the balance and the legitimacy of international adjudication being called constantly into question. It should also serve as a reminder of the importance of international courts for the functioning of a rules-based international order.
‘The Future of International Courts’ is essential reading for academics, practitioners and students who are interested in international law, including those who are interested in the role international courts play in international relations.
Table of Contents
Table of Abbreviations
1. What Does the Future Hold for International Courts?
2. Critical Junctures and the Future of International Courts in a Post-Liberal World Order
Part I: Regional Challenges
3. India and International Dispute Settlement: Some Reflections on India’s Participation in International Courts and Tribunals
4. China’s Attitude towards International Adjudication: Past, Present and Future
5. The Crisis of the European Court of Human Rights in the Face of Authoritarian and Populist Regimes
6. ‘Taking Back Control? Brexit and the Court of Justice’
Part II: Institutional Challenges
7. The Functions of the International Court of Justice: Tending to the Law While Settling Disputes?
8. Delegitimation of Global Courts: Lessons from the Past
9. The Future of Investor-State Dispute Settlement
10. Learning lessons through the prism of legitimacy: What future for International Criminal Courts and Tribunals?
Part III: Procedural Challenges
11. How the application of teachings can affect the legitimacy of the International Court of Justice
12. Towards Separate Opinions at the Court of Justice of the European Union: Lessons in Deliberative Democracy from the International Court of Justice and Elsewhere
13. From Warfare to ‘Lawfare’: Increased Litigation and Rise of Parallel Proceedings in International Courts: A Case Study of Ukraine’s and Georgia’s Action Against the Russian Federation)
14. Amicus Curiae Participation in International Proceedings: Forever Friends?
15. Not Just a Wit, But a Cause of Wit in Others: The Influence of Human Rights in International Litigation
16. The Future of International Courts: What Next? *
Avidan Kent is a Senior Lecturer at the University of East Anglia. His research interests include the fields of Sustainable Development Law, International Dispute Resolution, International Economic Law, and Public International Law. He holds a PhD from the University of Cambridge.
Nikos Skoutaris is a Senior Lecturer in EU Law at the University of East Anglia. He obtained his LLB from the University of Aberdeen, his LLM from Maastricht University and his PhD from the European University Institute. His research interests lie in the intersection between EU law, comparative constitutional law and conflict resolution theory. He has published extensively on Brexit and its effect on the UK territorial constitution.
Jamie Trinidad is a Fellow of Wolfson College, Cambridge and the Lauterpacht Centre for International Law, University of Cambridge. His research and publications address, among other things, issues of self-determination, territory (land and sea) and the practice of international courts and tribunals. He is a practising barrister and he has a PhD from Cambridge.