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The Role of Domestic Courts in International Dispute Settlement
from Part I - Recent Trends and Cross-Cutting Issues in International Dispute Settlement
Published online by Cambridge University Press: 14 December 2023
In this chapter, Kimberley Trapp and Jacob Smith examine the role of domestic courts in international dispute settlement. This chapter maps the variety of engagements by international dispute settlement bodies with the decisions and processes of domestic courts and explores how the particular institutional nature and contexts of international dispute settlement bodies may colour the nature and degree of that engagement. The chapter situates this engagement on a spectrum of deference to greater intrusion. It also provides an illustration of the factors that determine this engagement, including the degree of penetration of the international legal framework in domestic legal systems, the expectations that States have when submitting to means of dispute settlement, and the socio-legal context.
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