The Proliferation of International Courts and Tribunals: Problems and Prospects

Introduction

The proliferation of international courts and tribunals is a phenomenon which has seen the increasing judicialisation of the settlement of international disputes. This has brought with it many benefits, but it has also created potential difficulties. These include the possible fragmentation of international law, and the creation of overlapping jurisdictions among different international tribunals. This seminar explored these issues, and considered whether proliferation poses dangers for public international law. It also examined another issue highlighted by proliferation, being the development of common approaches among international courts and tribunals on issues of procedure and remedies, which might be termed the emergence of a “common law of international adjudication”. Possible reasons for this were identified, along with limitations to the harmonisation of international judicial practice on these issues. The seminar  concluded by noting that this development has significant practical and theoretical implications for the international legal order, as can be seen in a number of live cases.

About the Speaker

Dr Chester Brown is Associate Professor at the Faculty of Law, University of Sydney, a Barrister, and a Door Tenant at Essex Court Chambers, London. His research interests are in public international law, international investment law, international arbitration, and international dispute settlement. He previously served as Assistant Legal Adviser at the British Foreign and Commonwealth Office, London, where he participated in the negotiation of bilateral investment treaties, and was involved in representing the United Kingdom and the Secretary of State for Foreign and Commonwealth Affairs in international, foreign and domestic litigation. Prior to this, he was a Senior Associate at Clifford Chance LLP, London, where he advised on, and acted in, commercial and investment treaty claims governed by the UNCITRAL, ICSID, ICC, LCIA, and AAA/ICDR Arbitration Rules. He is the author of A Common Law of International Adjudication (OUP, 2007), which has been awarded the American Society of International Law’s Certificate of Merit. He is a graduate of the Universities of Melbourne, Oxford and Cambridge.

Presentation

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