Skip to main content
Article
International Adjudication of Global Public Goods: The Intersection of Substance and Procedure
European Journal of International Law (2012)
  • André Nollkaemper, University of Amsterdam
Abstract
This article, based on the non-controversial proposition that the way and degree in which international courts can contribute to the protection of a public good depends, in part, on the procedural law of such courts, sets out to expose the plurality of connections between procedure and substance. Procedures can further the substantive values of public goods but can also serve interests of their own and can even work against such substantive values. This article articulates the normative choices that courts inevitably have to make and reflects on the question of whether, and to what extent, the shaping of these connections is properly part of the international judicial function, taking into account problems of legitimacy that may arise when judge-made procedures undo state-made substantive law.
Keywords
  • international courts,
  • international adjudication,
  • international responsibility,
  • shared responsibility
Disciplines
Publication Date
2012
DOI
10.1093/ejil/chs041
Citation Information
André Nollkaemper. "International Adjudication of Global Public Goods: The Intersection of Substance and Procedure" European Journal of International Law Vol. 23 Iss. 3 (2012) p. 769 - 791
Available at: http://works.bepress.com/andre_nollkaemper/55/