JOURNAL ARTICLE
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Community Interests and the Objectives of International Dispute Resolution: A Paradigm-Shift for the International Court of Justice?
German Yearbook of International Law, Vol. 65 (2022), Iss. 1 : pp. 177–200
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Hestermeyer, Holger P.
Abstract
Abstract: This article tackles the issue whether traditional State to State international dispute settlement procedures of the International Court of Justice are adapted to contribute effectively to the implementation of community-interest guided regimes through the lens of the goals of international dispute resolution. After exploring (and pointing out the still prevailing weaknesses of) the concept of community-interest guided regimes, the article shows that dispute settlement takes place on a continuum between the purely bilateral resolution of a dispute and system-building approaches. While specialist dispute settlement regimes have the benefit of operating under a procedural toolbox adapted for tackling the system-building approaches typical of community-interest based regimes, the International Court of Justice faces the conundrum of settling disputes under a diversity of legal regimes. Focusing on a broad interpretation of the doctrine of standing as a key tool to adapt the role of the Court to community-interest based regimes, the article shows the development in the case law of the International Court of Justice and suggests to anchor the question of standing more thoroughly in the interpretation of compromissory clauses that provide the appropriate dogmatic hook for the issue and link the regime at issue with the role of the ICJ.
Table of Contents
| Section Title | Page | Action | Price |
|---|---|---|---|
| Holger P. Hestermeyer\nCommunity Interests and the Objectives of International Dispute Resolution: A Paradigm-Shift for the International Court of Justice? | 177 | ||
| I. What are Regimes Protecting Community Interests? | 180 | ||
| II. The Goals of International Dispute Resolution | 185 | ||
| III. The Toolbox for Making Dispute Settlement Respond to Systemic Interests | 188 | ||
| IV. The ICJ and Community-Interest Based Regimes: Standing | 193 | ||
| V. Conclusion | 199 |