The significance of procedure in the judicial settlement of international disputes

Hugh Thirlway

Chapter 1 in Research Handbook on International Procedural Law, 2024, pp 17-29 from Edward Elgar Publishing

Abstract: This chapter opens the discussion in the Research Handbook on the idea of procedure as ordered by a separate body of law. It first explains the distinction between substantive and procedural law basing it on a ‘temporal divide’. Procedural law is the body of law governing the procedures that are set in motion when a dispute between the parties is submitted to a tribunal. It embraces both the law specific to the tribunal and any applicable general rules and principles. The author discusses possible conflicts between substantive and procedural law and, against this background, analyses the purpose of procedure and procedural law in the international judicial context and the effects of breach of international procedural law. The final remarks are devoted to the general impact of procedure on the outcome of a case.

Keywords: Law - Academic (search for similar items in EconPapers)
Date: 2024
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