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Time and International Adjudication
The Temporal Factor in Proceedings before International Courts and Tribunals
Editor:
Associate Editor:
Time and International Adjudication fills a gap in legal literature in the field of international dispute settlement, by providing a wide selection of stimulating contributions by leading international scholars and lawyers, aimed at discussing the role of time in proceedings before international courts and tribunals.
The relevance of the temporal factor in international adjudication is assessed by considering each of the different phases of international judicial proceedings. The analysis covers inter-State proceedings before both permanent courts and tribunals (such as the ICJ, ITLOS and the DSB of the WTO) and arbitral tribunals, as well as international proceedings between individuals and States before regional human rights courts and investment tribunals.
The relevance of the temporal factor in international adjudication is assessed by considering each of the different phases of international judicial proceedings. The analysis covers inter-State proceedings before both permanent courts and tribunals (such as the ICJ, ITLOS and the DSB of the WTO) and arbitral tribunals, as well as international proceedings between individuals and States before regional human rights courts and investment tribunals.
Andrea Gattini (editor) is Full Professor of International Law at the University of Padova, School of Law.
Marco Dimetto (associate editor) is Assistant Professor of International Law at the University of Padova, School of Law.
Marco Dimetto (associate editor) is Assistant Professor of International Law at the University of Padova, School of Law.
Time and International Adjudication: an Introduction
1 The Time Factor in Bringing a Case before the International Court of Justice
âAndreas Zimmermann
2 Jurisdiction ratione temporis of the International Court of Justice
âGiorgio Gaja
3 The Distinction between Disputes and Claims and the Question of Time: from Mavrommatis to the Marshall Islands
âZachary Douglas KC
4 The Time of the Seisin as a Pivotal Factor for the Settlement of Inter-State Disputes
âMarco Dimetto
5 Temporal Aspects of Dispute Settlement Proceedings at the International Tribunal for the Law of the Sea
âLyna Maaziz and Niki Aloupi
6 The Three Regional Human Rights Courts: One Single Understanding of the Time in âInstituting the Proceedingsâ?
âLaurence Burgorgue-Larsen
7 The Time Element in the Initiation of Inter-State Arbitration
âSerena Forlati
8 Practical Considerations for Litigating Investment Arbitration Disputes in Times of Crisis
âChristina L. Beharry and Katherine Peiffer
9 Incidental Proceedings in the ICJ and the Fateful Passage of Time
âMatina Papadaki
10 Filing of Counter-Claim after the Laps of the Title of Jurisdiction
âA Brief Analysis of the Courtâs Order of 15 November 2017 in the Case of Alleged Violations of Sovereign Rights and Maritime Spaces in the Caribbean Sea (Nicaragua v. Colombia)
âHadi Azari
11 Intervention in the Collective Interest before the International Court of Justice â the Time has Finally Come?
âAlina Miron
12 Rendezvous between Provisional Measures and Prompt Release in the ITLOS Jurisprudence
âReflections on the M/T âSan Padre Pioâ and M/T âHeroic Idunâ Cases
âYoshifumi Tanaka
13 Provisional Measures before Regional Human Rights Courts
âChristina Binder
14 Time and Investment State Settlement Disputes: Running On or Out of Time?
âChiara Giorgetti and Craig D. Gaver
15 The Role of Good Administration of Justice in Admitting Untimely and Informal Documents before the International Court of Justice
âCarlotta Ceretelli
16 The Role of the Time Element in Providing Facts before ITLOS
âGian Maria Farnelli
17 Temporal Aspects of the use of Experts in the Proceedings before the ICJ and ITLOS
âMakane Moïse Mbengue and Rukmini Das
18 Evidence in WTO Dispute Settlement
âSunayana Sasmal and Petros C. Mavroidis
19 The Role of Time in Allocating the Burden of Proof in Investment Arbitration
âArnaud de Nanteuil
20 Time, Custom, and International Litigation
âAlexandre Hermet
21 Precedent as Retrospection: the Practice of the International Court of Justice
âGleider Hernández
22 Res Judicata and Time
âNiccolò Ridi
23 Applicable Law and Evolutionary Interpretation of the âLegal Order for the Seas and the Oceansâ: the ITLOS and UNCLOS Arbitral Tribunals Experience
âRoberto Virzo
24 Adapting International Instruments over Time: Remarks on the Evolutive Interpretation of the European Convention on Human Rights
âLinos-Alexander Sicilianos
25 Intertemporal Issues in the Interpretation of GATT Article XXI
âMariana de Andrade
26 Patience and Perseverance: Time and Compliance with Inter-State Judicial Decisions
âPhilippa Webb
27 Implementation of Human Rights Judgments in Latin America
âJorge Contesse
28 From Rectification to Revision: the Timeless Character of Post-Award Proceedings
âAndreas Kulick
29 Enhancing the Relevance of Revision in International Adjudication
âRelja RadoviÄ
30 Handle with Care: Judicial Review Procedures of International Judgments and Awards
âLoris Marotti
31 âAs Time Goes Byâ: the Time-to-Compliance in WTO Dispute Settlement
âAndrea Hamann
Index
PART 1: Initiating the proceedings
1 The Time Factor in Bringing a Case before the International Court of Justice
âAndreas Zimmermann
2 Jurisdiction ratione temporis of the International Court of Justice
âGiorgio Gaja
3 The Distinction between Disputes and Claims and the Question of Time: from Mavrommatis to the Marshall Islands
âZachary Douglas KC
4 The Time of the Seisin as a Pivotal Factor for the Settlement of Inter-State Disputes
âMarco Dimetto
5 Temporal Aspects of Dispute Settlement Proceedings at the International Tribunal for the Law of the Sea
âLyna Maaziz and Niki Aloupi
6 The Three Regional Human Rights Courts: One Single Understanding of the Time in âInstituting the Proceedingsâ?
âLaurence Burgorgue-Larsen
7 The Time Element in the Initiation of Inter-State Arbitration
âSerena Forlati
8 Practical Considerations for Litigating Investment Arbitration Disputes in Times of Crisis
âChristina L. Beharry and Katherine Peiffer
PART 2: Incidental Proceedings
9 Incidental Proceedings in the ICJ and the Fateful Passage of Time
âMatina Papadaki
10 Filing of Counter-Claim after the Laps of the Title of Jurisdiction
âA Brief Analysis of the Courtâs Order of 15 November 2017 in the Case of Alleged Violations of Sovereign Rights and Maritime Spaces in the Caribbean Sea (Nicaragua v. Colombia)
âHadi Azari
11 Intervention in the Collective Interest before the International Court of Justice â the Time has Finally Come?
âAlina Miron
12 Rendezvous between Provisional Measures and Prompt Release in the ITLOS Jurisprudence
âReflections on the M/T âSan Padre Pioâ and M/T âHeroic Idunâ Cases
âYoshifumi Tanaka
13 Provisional Measures before Regional Human Rights Courts
âChristina Binder
14 Time and Investment State Settlement Disputes: Running On or Out of Time?
âChiara Giorgetti and Craig D. Gaver
PART 3: Evidence
15 The Role of Good Administration of Justice in Admitting Untimely and Informal Documents before the International Court of Justice
âCarlotta Ceretelli
16 The Role of the Time Element in Providing Facts before ITLOS
âGian Maria Farnelli
17 Temporal Aspects of the use of Experts in the Proceedings before the ICJ and ITLOS
âMakane Moïse Mbengue and Rukmini Das
18 Evidence in WTO Dispute Settlement
âSunayana Sasmal and Petros C. Mavroidis
19 The Role of Time in Allocating the Burden of Proof in Investment Arbitration
âArnaud de Nanteuil
PART 4: Interpretation of Applicable Law
20 Time, Custom, and International Litigation
âAlexandre Hermet
21 Precedent as Retrospection: the Practice of the International Court of Justice
âGleider Hernández
22 Res Judicata and Time
âNiccolò Ridi
23 Applicable Law and Evolutionary Interpretation of the âLegal Order for the Seas and the Oceansâ: the ITLOS and UNCLOS Arbitral Tribunals Experience
âRoberto Virzo
24 Adapting International Instruments over Time: Remarks on the Evolutive Interpretation of the European Convention on Human Rights
âLinos-Alexander Sicilianos
25 Intertemporal Issues in the Interpretation of GATT Article XXI
âMariana de Andrade
PART 5: Post Judgment
26 Patience and Perseverance: Time and Compliance with Inter-State Judicial Decisions
âPhilippa Webb
27 Implementation of Human Rights Judgments in Latin America
âJorge Contesse
28 From Rectification to Revision: the Timeless Character of Post-Award Proceedings
âAndreas Kulick
29 Enhancing the Relevance of Revision in International Adjudication
âRelja RadoviÄ
30 Handle with Care: Judicial Review Procedures of International Judgments and Awards
âLoris Marotti
31 âAs Time Goes Byâ: the Time-to-Compliance in WTO Dispute Settlement
âAndrea Hamann
Index
Scholars of international law, especially international dispute settlement, human rights law, international investment law; lawyers practicing before international courts and tribunals.