Assistants in International Dispute Settlement
Navigating Legitimacy
Assistants in International Dispute Settlement
Navigating Legitimacy
Description
This book examines the role of actors who support adjudicators at various stages of the dispute resolution process, comparing their functions across some 20 international dispute systems.
Referred to as 'Dispute Assistants', they include legal officers, référendaires, jurisconsults, and other registry or secretariat staff. Their functions are studied through doctrinal research, supplemented by discussions with relevant actors, so as to capture their actual influence on the adjudication process. The book highlights the widespread nature of their contribution. It also addresses legitimacy concerns about their potential undue influence on the mandate of adjudicators, drawing on case law, critiques from states, scholars, practitioners, and informal interviews with insiders. The last part of the book focuses on the WTO; inspired by various practices in other systems, it offers suggestions to address concerns over the quality and credibility of dispute actors, and to enhance the legitimacy of the WTO DSS and other systems.
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Table of Contents
Part I: Overview of the DSMs: Structure, Procedure, and Observations on the Role of Dispute Assistants
2. The African Court of Human and Peoples' Rights
3. The Court of Justice of the European Union
4. The COMESA Court of Justice
5. Commercial Arbitration Institutions
6. The United States-Mexico-Canada Agreement
7. East African Court of Justice
8. The Economic Community of West African States Court of Justice
9. The European Court of Human Rights
10. The Court of Justice of the European Free Trade Association
11. The Inter-American Court of Human Rights
12. The International Court of Justice
13. The International Centre for Settlement of Investment Disputes
14. International Criminal Tribunals
15. The International Tribunal for the Law of the Sea
16. The Iran-US Claims Tribunal
17. The Dispute Settlement System of the Mercado Común Del Sur
18. The Permanent Court of Arbitration
19. The World Trade Organization Dispute Settlement System
Part II: Comparative Study on Dispute Assistants
20. Situating Dispute Assistants
21. Concerns Regarding the Influence of Dispute Assistants and Useful Practices/Procedures
Part III: Dispute Assistants and the WTO DSS
22. Dispute Assistants and the Selection Process of ad hoc Adjudicators
23. Dispute Assistants and the WTO Adjudicative Process
24. How Can Possible Reform be Implemented in the WTO DSS?
25. Conclusion
Product details
| Published | 03 Sep 2026 |
|---|---|
| Format | Ebook (Epub & Mobi) |
| Edition | 1st |
| Pages | 416 |
| ISBN | 9781509992201 |
| Imprint | Hart Publishing |
| Publisher | Bloomsbury Publishing |
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