Publication Type

Report

Version

publishedVersion

Publication Date

6-2023

Abstract

The purpose of the present report is to provide an overview and analysis of the measures that States adopt internally to implement treaties establishing international court and tribunals and other international dispute settlement mechanisms (“IDSM treaties”). Although this report cannot be comprehensive in its survey of practices across all States, this analysis is intended to be useful in three ways. First, it can be useful with respect to the design and drafting of an instrument establishing a multilateral investment dispute settlement mechanism. Second, it can be useful for States when considering what types of implementing measures they may need to adopt in order to give effect to the jurisdiction of a multilateral investment dispute settlement mechanism. Third, it indicates the kind of capacity building and technical assistance that States may need to adopt such measures. The approach of the research contained within this report has been to gather information about State experiences with respect to IDSM treaties both at the international and regional levels, giving special attention to a number of recurrent questions: (i) What provisions in IDSM treaties require or implicate the need for States to adopt domestic measures? (ii) What measures do States in fact take in domestic law to give effect to IDSM treaties? (iii) What steps do States take in domestic law to ensure the funding of their contributions to maintain international courts and tribunals or other bodies tasked with administering dispute settlement frameworks? (iv) What kinds of measures do States adopt in order to ensure that the decisions issued pursuant to the dispute resolution mechanisms of a IDSM treaty are given legal effect within the domestic order?1 To address these questions, each IDSM treaty is analysed to determine which of its provisions implicate a need or desirability for contracting States to adopt measures to give effect to their rights and obligations. Thereafter, the report analyses the domestic measures adopted (or not) in selected States in connection with the IDSM treaty.

Discipline

Dispute Resolution and Arbitration | International Law

Areas of Excellence

Growth in Asia

First Page

1

Last Page

24

Additional URL

https://www.jus.uio.no/ior/english/research/projects/copiid/academic-forum/papers/vol-2-international-and-regional-courts-and-tribunals.pdf

Download

Share

COinS