International adjudication of global public goods: the intersection of substance and procedure

Authors
Publication date 2012
Series Amsterdam Law School Legal Studies Research Paper, 2012-62
Number of pages 33
Publisher Amsterdam: Amsterdam Center for International Law, University of Amsterdam
Organisations
  • Faculty of Law (FdR) - Amsterdam Center for International Law (ACIL)
Abstract
International adjudication is a small, but not irrelevant, component in the complex international governance structure through which states and other actors seek to deliver global public goods. This article explores the plurality of connections between the procedural law of international adjudication and the substantive law that protects public goods. The article articulates choices that courts face, and discusses whether shaping these connections is a proper part of the international judicial function, taking into account problems of legitimacy that may arise when judge-made procedure will undo state-made substantive law.
Document type Working paper
Note May 2012. SHARES Research Paper 09 (2012), ACIL 2012-08
Language English
Published at http://ssrn.com/abstract=2071184
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