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Equality of Parties in International Adjudication
The Quest for a General Principle in Asymmetric Proceedings
Series: - International Litigation in Practice, Volume: 17
Author:
This book provides an in-depth analysis of equality of parties in international adjudication beyond the conventional interstate framework. It challenges the idea that party equality in international proceedings simply follows from sovereign equality and demonstrates that this assumption is ill-suited to disputes involving private actors. It argues that equality can be protected in asymmetric proceedings between states or international organizations and private entities, even when the parties are not formally equal in the international legal order. Drawing on investor-state arbitration, regional human rights courts, and international administrative tribunals, the book identifies a common legal foundation for equality of parties in a general principle of international law derived from national approaches to administrative adjudication.
Caterina Milo, Ph.D., is Postdoctoral Researcher in International Law at the Department of Law of the University of Rome Tor Vergata. She was a visiting scholar at the Max Planck Institute for International, European and Regulatory Procedural Law and completed an internship at the International Centre for Settlement of Investment Disputes. In 2026, she was awarded the Italian Society of International Law (SIDI) Prize for the Best Article in Public International Law. Her research interests include international procedural law, international economic law, and arbitration.
The bookâs target readership includes academics interested in international procedural law and the role of individuals and legal persons in the international legal order, as well as legal practitioners working in international dispute settlement.