Skip to main content Accessibility help
×
Hostname: page-component-586b7cd67f-r5fsc Total loading time: 0 Render date: 2024-11-23T00:40:00.957Z Has data issue: false hasContentIssue false

7 - Inherent Powers of the WTO Appellate Body and ICSID Tribunals – A Tale of Cautious Convergence

from Part III - Interpretive Powers and Adjudicative Behaviour

Published online by Cambridge University Press:  25 June 2020

Szilárd Gáspár-Szilágyi
Affiliation:
University of Oslo
Daniel Behn
Affiliation:
University of Oslo
Malcolm Langford
Affiliation:
University of Oslo
Get access

Summary

The author looks at the ‘inherent powers’ of the WTO Appellate Body (AB) and ICSID tribunals. She argues that the key to the exercise of the international judicial function is the principle of inherent powers, which are conferred upon judicial bodies to safeguard the judicial function. Yet, for the WTO Appellate Body and ICSID tribunals , it is often assumed that while ICSID tribunals have broad inherent powers, the AB’s inherent powers are restricted. She asks the question whether this means that these tribunals are fragmented in the exercise of their judicial function, and consequently their inherent powers, and if so, what factors contribute to such fragmentation. This chapter answers the above questions by examining the way the AB and ICSID tribunals perceive their authority to exercise inherent powers through the examples of objections to admissibility of a case and amicus curiae submissions. Using these examples, this chapter challenges absolutist assumptions about the inherent powers of the AB and ICSID tribunals. Instead, it develops a nuanced understanding of the scope of the inherent powers of these tribunals through a study of their respective judicial functions.

Type
Chapter
Information
Adjudicating Trade and Investment Disputes
Convergence or Divergence?
, pp. 167 - 189
Publisher: Cambridge University Press
Print publication year: 2020

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×