Monthly archive July, 2019

ITLOS procedural rules: Between change and stability

1. Introduction ITLOS’ procedural rules, its case law concerning their application and interpretation, as well as its working practice constitute a topical example of the ‘special balance between the need for change and adaptation to the special interests of the parties and the need to ensure stability of international dispute settlement’. Largely inspired by those...

Making and enforcing procedural law at the International Court of Justice

1. Introduction The International Court of Justice (ICJ or the Court) appears to enjoy a relatively wide freedom in procedural matters. The ICJ’s Statute does not contain detailed rules and the Court has considerable leeway in interpreting them and, eventually, in filling the gaps. States parties to the Statute have few means at their disposal...

Procedural rules of international courts and tribunals: Between change and stability

Introduced by Beatrice I. Bonafé   International procedural law has drawn increasing attention in the last years. This Zoom-out is dedicated to an aspect of international procedural law that nonetheless is generally overlooked, that is, the very characteristics of international procedural rules when conceived of as sources of international law. Basically, two main sets of...