Legitimacy of Unseen Actors in International Adjudication

Investigates the legitimacy of 'unseen actors' (e.g. registries, experts) through an enquiry into international courts' and tribunals' composition and practice.

Freya Baetens (Edited by)

9781108485852, Cambridge University Press

Hardback, published 22 August 2019

650 pages, 7 b/w illus. 5 tables
23.5 x 15.6 x 3.9 cm, 1.05 kg

'My advice to every practitioner of international law, to every advocate before an international tribunal, and to every State or private party to an international dispute is: read this book! Legitimacy of Unseen Actors in International Adjudication is a fascinating and well-researched study of how courts and tribunals actually function, the importance of court personnel and other behind-the-scenes actors, and the impacts they can have on outcomes. No international advocate, no matter how experienced, should step into court again without having read it.' Paul Reichler, Partner, Foley Hoag LLP

International courts and tribunals differ in their institutional composition and functions, but a shared characteristic is their reliance on the contribution of individuals other than the judicial decision-makers themselves. Such 'unseen actors' may take the form of registrars and legal officers, but also non-lawyers such as translators and scientific experts. Unseen actors are vital to the functioning of international adjudication, exerting varying levels of influence on judicial processes and outcomes. The opaqueness of their roles, combined with the significance of judicial decisions for the parties involved as well as a wider range of stakeholders, raises questions about unseen actors' impact on the legitimacy of international dispute settlement. This book aims to answer such legitimacy questions and identify 'best practices' through a multifaceted enquiry into common connections and patterns in the institutional composition and daily practice of international courts and tribunals.

1. Unseen actors in international courts and tribunals: challenging the legitimacy of international adjudication Freya Baetens
Part I. Institutional Perspectives: 2. The International Court of Justice Nathalie Wiles
3. The International Tribunal for the Law of the Sea Philippe Gautier
4. International arbitral institutions Bridie Mcasey
5. The World Trade Organization Daniel Baker and Gabrielle Marceau
6. The International Criminal Court Philipp Ambach
7. The European Court of Human Rights Peter Kempees and Ledi Bianku
8. The Court of Justice of the European Union Caroline Heeren
Part II. Nomination and Appointment: 9. Gatekeeper secretariats Kathleen Claussen
10. Appointing authorities: self-appointment, party appointment and non-appointment Peter Tzeng
11. Before the law: assessing the process and impact of judicial screening bodies Brian Mcgarry and Josef Ost?anský
Part III. Case Management and Deference to the Bench: 12. The essence of adjudication: legitimacy of case managers in international arbitration Christine Sim
13. Procedural reforms at the Court of Arbitration of the International Chamber of Commerce: how to ensure that party autonomy will continue serving as a legitimization tool? Giacomo Marchisio
14. Will an investment court be a better fact-finder? The case of expert evidence Matthew W. Swinehart
15. Unseen and unsung: language services at the International Criminal Court and their impact on institutional legitimacy Leigh Swigart
16. Rights and expertise: assessing the managerial approach of the Court of Justice of the European Union to conflict adjudication Marie-Catherine Petersmann
Part IV. Confidentiality and Transparency: 17. The politics of invisibility: why are international legal bureaucrats obscured from view? Tommaso Soave
18. Unseen actors as unseen experts: ghosts in international adjudication Guillaume Yvan Jean Gros
19. Arbitral institutions' response to perceived legitimacy deficits: promoting diversity, transparency and expedition in investor-state arbitration Ksenia Polonskaya
20. Identifying the voices of unseen actors in investor-state dispute settlement Damien Charlotin
Part V. Ethics and Accountability: 21. Physicians' impact on the legitimacy of the International Criminal Court Giovanna Maria Frisso
22. Screening powers in investment arbitration: questions of legal change and legitimacy Relja Radovi?
23. Legitimacy and the role of legal officers in chambers at international and hybrid criminal courts and tribunals Marko Divac Öberg
24. The référendaire as an unseen actor: a comparative look at the Court of Justice of the EU, the US Supreme Court and international arbitral tribunals Gillian Cahill
Part VI. External Influences and Activities: 25. 'Outside activities' and workload management: as unseen actors (and factors) in international adjudication Catherine H. Gibson
26. The legitimacy of private lawyers representing states before international tribunals Andreas R. Ziegler and Kabre R. Jonathan
27. Online reporters and databases: four narratives of their roles in investor-state dispute settlement Pietro Ortolani
28. Bilateral committees in EU trade and investment agreements: platforms for the reassertion of state control over investor-state adjudication? Hannes Lenk.

Subject Areas: International criminal law [LBBZ], International economic & trade law [LBBM], Public international law [LBB], International law [LB], Law [L]