Cross-Fertilisation of Procedural Law Among International Courts and Tribunals: Methods and Meanings
Abstract
The proliferation of international courts and tribunals has resulted in interesting instances of cross-fertilisation of procedural law among international courts. This chapter provides a framework to assess specific techniques of cross-fertilisation, used in support of specific conclusions reached by the deciding tribunal Techniques used include general references to decisions by other tribunals, specific citations to one or more decisions by other international courts and tribunals and references to a standard adopted by other international courts and tribunals explained in a dissenting or separate opinion and differing from the conclusion supported by the majority of the deciding tribunal. Continuous instances of cross-fertilisation also seem to indicate the initial formation of a common international procedural law applicable to a variety of international courts and tribunals.
Document Type
Book Chapter
Publication Date
2015
Recommended Citation
Chiara Giorgetti, Cross-Fertilisation of Procedural Law Among International Courts and Tribunals: Methods and Meanings, in Procedural Fairness in International Courts and Tribunals (Arman Sarvarian et. al. eds., 2015).