Zoom Out

Procedural rules in WTO dispute settlement in the face of the crisis of the Appellate Body

1. Introduction In the last years, serious criticisms have paved the way for a profound crisis of the dispute settlement system of the World Trade Organization (WTO).[1] Indeed, the US has been challenging the legitimacy of the Appellate Body case law against the letter and the spirit of the Dispute Settlement Understanding (DSU), at the...

Forthcoming

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...