Contribution to Book
Procedural Fairness and the Institutional Dynamic: Where We Are and Where We Should Be Going
Procedural Fairness in International Courts and Tribunals
(2015)
Abstract
The chapters in this volume have sought to provide a better understanding of procedural fairness within the international system. Our aims have been restrained given that the research agenda here is new: we have not sought to offer a “universal model” of the concept but have rather sought to open a discourse with the more modest aim of identifying potential sub-principles that fit into the overarching conceptualization of “procedural fairness” and exploring the degree of commonality of these principles amongst the various jurisdictions within the international judicial system. The aim of this concluding chapter is to provide a logical categorization of these sub-principles, provide a possible framework given the findings that have been presented, and advance the key questions future research will have to grapple with given the current state of the research agenda. Of particular interest for future research are the problems for procedural reform of international courts and tribunals given the realities of cross-fertilization, effectiveness and the utility of ad hoc reform versus grand revisions.
Keywords
- procedural fairness,
- international law,
- international tribunals
Disciplines
Publication Date
Fall November 1, 2015
Editor
Arman Sarvarian, Filippo Fontanelli, Vassilis Tzevelekos, & Roozbeh B. Baker
Publisher
British Institute of International and Comparative Law
ISBN
978-1-905221-60-8
Citation Information
Roozbeh (Rudy) B. Baker & Arman Sarvarian, “Procedural Fairness and the Institutional Dynamic: Where We Are and Where We Should Be Going,” in PROCEDURAL FAIRNESS IN INTERNATIONAL COURTS AND TRIBUNALS (Arman Sarvarian, Filippo Fontanelli, Vassilis Tzevelekos, & Roozbeh B. Baker eds., 2015).