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Amicus Curiae Before International Courts and Tribunals

By: Astrid Wiik
Media of Amicus Curiae Before International Courts and Tribunals
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Published: 16-11-2017
Format: Hardback
Edition: 1st
Extent: 656
ISBN: 9781509908912
Imprint: Nomos/Hart
Dimensions: 244 x 169 mm
RRP: £160.00
 

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About Amicus Curiae Before International Courts and Tribunals

Amicus curiae participation in international courts and investment arbitration tribunals is increasing despite lack of clarity on the concept's nature, function and added value in international dispute settlement. The book examines the laws and practices of amicus curiae to assess the concept's status quo, and to determine if it meets the many expectations. Does it infuse proceedings with alternative views and the public interest? Does it increase the legitimacy and transparency of international dispute settlement, or the coherence of international law? Or does it derail the proceedings at the expense of the parties to advance its agenda? The book argues that neither the expectations nor the concerns attached to amicus curiae have materialized. It shows a hesitation by courts with a strong adversarial tradition to consider the views of non-parties, and argues that amicus curiae is not the best vehicle to present a public interest or increase legitimacy. However, it can improve judicial decisions and decision-making if regulated and used properly.

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