The Potential of International, Regional, and National Dispute Settlement Mechanisms in Deciding on Issues Concerning Community Interests
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The Potential of International, Regional, and National Dispute Settlement Mechanisms in Deciding on Issues Concerning Community Interests
German Yearbook of International Law, Vol. 65 (2022), Iss. 1 : pp. 65–86
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Wolfrum, Rüdiger
Abstract
Abstract: The article deals with the question whether international treaties covering
Table of Contents
| Section Title | Page | Action | Price |
|---|---|---|---|
| Rüdiger Wolfrum\nThe Potential of International, Regional, and National Dispute Settlement Mechanisms in Deciding on Issues Concerning Community Interests | 65 | ||
| I. Introduction | 65 | ||
| II. Jurisprudence | 69 | ||
| A. ICJ Order of 23 January 2020 in The Gambia v. Myanmar | 69 | ||
| B. Duarte Agostinho and Others v. Portugal and 32 States before the European Human Rights Court | 70 | ||
| C. The People’s Climate case | 71 | ||
| D. Order of the German Federal Constitutional Court of 24 March 2021 | 72 | ||
| III. Interim Conclusion | 73 | ||
| IV. International and National Norms Serving Community Interests: Their Challenges to Dispute Settlement Regimes | 75 | ||
| A. A Brief Recapitulation Concerning the Concept of Community Interest Norms | 75 | ||
| B. Standing and Other Forms of Limiting Jurisdiction of International or National Adjudicative Bodies | 76 | ||
| C. What is the Objective of Reducing the Admissibility of Disputes via the Notion of Standing or Equivalent Rules? | 77 | ||
| D. The Jurisprudence of the ICJ, the German Federal Constitutional Court, and Regional Human Rights Courts Concerning Standing in Disputes Touching on Erga Omnes Obligations? | 79 | ||
| 1. The International Court of Justice | 79 | ||
| 2. What Was the Equivalent Mechanism of the German Federal Constitutional Court? | 82 | ||
| 3. The Situation Under the European Convention on Human Rights | 82 | ||
| E. Who is Bound by a Judgment or Award on Disputes Touching Upon Community Interests: Is There a Possible Impact Different from Being Legally Binding? | 83 | ||
| F. Are Courts Mandated to Decide on Disputes that Have as their Objective also to Implement or Foster Community Interest Driven Regimes? | 84 | ||
| V. Summary and Tentative Suggestions for an Adjustment of National as well as International Adjudicative Systems | 85 |