La prassi successiva e l'interpretazione del diritto internazionale scritto
In: Studi sulla giustizia 26
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In: Studi sulla giustizia 26
In: International Investment Law and Common Concerns, Tullio Treves, Francesco Seatzu & Seline Trevisanut, eds., 2013
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In: The Italian Yearbook of International Law Online, Band 22, Heft 1, S. 91-132
ISSN: 2211-6133
Amici curiae are persons interested in a trial but not party to it that submit an unsolicited written brief or make an oral statement before the bench. The widespread possibility to submit amicus curiae briefs in international courts and tribunals is a recent phenomenon. Traditionally international procedures did not allow this kind of intervention. The purpose of this paper is to take stock of this evolution and assess the functioning of the new procedures. It does this by looking comparatively at several courts and tribunals, in order to get a picture of the commonalities and common problems surrounding this general development. Two sets of questions are considered, the first centered on issues of transparency and public participation, the second on the rights of the parties. Among the elements that deal with public participation, the paper examines the clarity of the procedures, the equality of the treatment of all the interested entities, the conditions and reasons for accepting or refusing the proposed amici, and the inclusion of the amici submissions in the text of the final decision. The other set of questions, concerning the rights and interests of the parties to the dispute, includes their role in the submission phase and their interest in efficient proceedings. In answering these questions, serious issues of transparency, publicity, and the political role of states acting as amici emerge. The paper concludes that further reflection is necessary on the origins of these problems, but that a first, important step can be achieved by addressing these procedural issues.
In: Boschiero, Scovazzi, Pitea, Ragni (eds), International Courts and the Development of International Law. Essays in Honour of Tullio Treves, Springer, 2013, pp. 65-75.
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In: The Italian Yearbook of International Law, Band 22, S. 91-132
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In: Treaties and Subsequent Practice, G. Nolte, ed., Oxford University Press, September 2013
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In: European journal of international law, Band 21, Heft 3, S. 681-700
ISSN: 1464-3596
In: European journal of international law, Band 21, Heft 3, S. 681-700
ISSN: 0938-5428
World Affairs Online
In: l'ircocervo
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In: European Journal of International Law, Band 21, Heft 3
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In: Rivista di Diritto Internazionale Privato e Processuale, Band XLIV, S. 111-132
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In: 2019 ESIL Annual Research Forum, Goettingen, 4-5 April 2019
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Working paper
In: Forthcoming, 18(1) Global Community Yearbook of International Law and Jurisprudence 2019, (Oxford University Press: 2020)
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Working paper