Amicus Curiae before International Courts and Tribunals
Amicus curiae participation in international courts is steadily growing since the late 1990 despite lack of clarity on the concept’s nature, function and utility in international dispute settlement. Does amicus curiae infuse international judicial proceedings with alternative views, including the pu...
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| Format: | Online |
| Language: | English |
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Nomos Verlagsgesellschaft mbH & Co. KG
2021
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| Online Access: | OCN: 1054833784 |
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| author | Wiik, Astrid |
| author_browse | Wiik, Astrid |
| author_facet | Wiik, Astrid |
| author_sort | Wiik, Astrid |
| collection | Directory of Open Access Books |
| description | Amicus curiae participation in international courts is steadily growing since the late 1990 despite lack of clarity on the concept’s nature, function and utility in international dispute settlement. Does amicus curiae infuse international judicial proceedings with alternative views, including the public interest in a case, as often advocated by NGOs? Does it increase the legitimacy and transparency of international dispute settlement, or the coherence of international law? Or is it an unhelpful impostor that impedes negotiated solutions and derails the proceedings at the expense of the parties to advance its own agenda?
By way of an empirical-comparative analysis of the laws and practices of the ICJ, the ITLOS, the ECtHR, the IACtHR, the IACtHPR, WTO panels and the Appellate Body, and investment arbitration the dissertation examines the status quo of amicus curiae before international courts and tribunals to determine if the current amicus curiae practice is of added value to international proceedings and international dispute settlement in general.
The dissertation shows that there is no common concept of international amicus curiae, but that amicus curiae before the international courts examined share a few characteristics. A proposed functional systematization highlights overlaps and diverging uses of the concept before international courts and helps scholars and practitioners to assess the opportunities and limits of the concept. Analysis of the concept’s current regulatory framework and its substantive effectiveness reveals a hesitation in particular by courts with a strong adversarial tradition to take into account the views of a non-party despite the positive experience with the concept in regional human rights courts. The dissertation concludes that neither the expectations nor the concerns attached to amicus curiae participation in international proceedings have materialized. It argues that the concept can contribute to improved decisions and decision-making in international dispute settlement if regulated and used properly. |
| format | Online |
| id | doab-20.500.12854ir-29549 |
| institution | Directory of Open Access Books |
| language | eng |
| publishDate | 2021 |
| publishDateRange | 2021 |
| publishDateSort | 2021 |
| publisher | Nomos Verlagsgesellschaft mbH & Co. KG |
| publisherStr | Nomos Verlagsgesellschaft mbH & Co. KG |
| record_format | ojs |
| spelling | doab-20.500.12854ir-295492025-07-30T14:47:05Z Amicus Curiae before International Courts and Tribunals Wiik, Astrid Law General thema EDItEUR::L Law::LA Jurisprudence and general issues Amicus curiae participation in international courts is steadily growing since the late 1990 despite lack of clarity on the concept’s nature, function and utility in international dispute settlement. Does amicus curiae infuse international judicial proceedings with alternative views, including the public interest in a case, as often advocated by NGOs? Does it increase the legitimacy and transparency of international dispute settlement, or the coherence of international law? Or is it an unhelpful impostor that impedes negotiated solutions and derails the proceedings at the expense of the parties to advance its own agenda? By way of an empirical-comparative analysis of the laws and practices of the ICJ, the ITLOS, the ECtHR, the IACtHR, the IACtHPR, WTO panels and the Appellate Body, and investment arbitration the dissertation examines the status quo of amicus curiae before international courts and tribunals to determine if the current amicus curiae practice is of added value to international proceedings and international dispute settlement in general. The dissertation shows that there is no common concept of international amicus curiae, but that amicus curiae before the international courts examined share a few characteristics. A proposed functional systematization highlights overlaps and diverging uses of the concept before international courts and helps scholars and practitioners to assess the opportunities and limits of the concept. Analysis of the concept’s current regulatory framework and its substantive effectiveness reveals a hesitation in particular by courts with a strong adversarial tradition to take into account the views of a non-party despite the positive experience with the concept in regional human rights courts. The dissertation concludes that neither the expectations nor the concerns attached to amicus curiae participation in international proceedings have materialized. It argues that the concept can contribute to improved decisions and decision-making in international dispute settlement if regulated and used properly. 2021-02-10T13:33:25Z 2021-02-10T13:33:25Z 2020-12-15T14:14:07Z 2018 book OCN: 1054833784 https://library.oapen.org/handle/20.500.12657/43984 9783845275925 https://directory.doabooks.org/handle/20.500.12854/29549 eng open access image/jpeg image/jpeg image/jpeg image/jpeg n/a n/a n/a n/a https://library.oapen.org/bitstream/20.500.12657/43984/1/external_content.pdf https://library.oapen.org/bitstream/20.500.12657/43984/1/external_content.pdf https://library.oapen.org/bitstream/20.500.12657/43984/1/external_content.pdf https://library.oapen.org/bitstream/20.500.12657/43984/1/external_content.pdf Nomos Verlagsgesellschaft mbH & Co. KG Nomos Verlagsgesellschaft mbH & Co. KG https://doi.org/10.5771/9783845275925 https://doi.org/10.5771/9783845275925 20c8b06d-3b2b-4af2-acda-fbcfdfea5744 Knowledge Unlatched 9783845275925 Knowledge Unlatched (KU) KU Select 2019: HSS Backlist Books Nomos Verlagsgesellschaft mbH & Co. KG open access |
| spellingShingle | Law General thema EDItEUR::L Law::LA Jurisprudence and general issues Wiik, Astrid Amicus Curiae before International Courts and Tribunals |
| title | Amicus Curiae before International Courts and Tribunals |
| title_full | Amicus Curiae before International Courts and Tribunals |
| title_fullStr | Amicus Curiae before International Courts and Tribunals |
| title_full_unstemmed | Amicus Curiae before International Courts and Tribunals |
| title_short | Amicus Curiae before International Courts and Tribunals |
| title_sort | amicus curiae before international courts and tribunals |
| topic | Law General thema EDItEUR::L Law::LA Jurisprudence and general issues |
| topic_facet | Law General thema EDItEUR::L Law::LA Jurisprudence and general issues |
| url | OCN: 1054833784 |
| work_keys_str_mv | AT wiikastrid amicuscuriaebeforeinternationalcourtsandtribunals |