ABSTRACT

In a world of growing public interest in global matters and criticisms of multilateralism to adequately address them, the role of international courts and tribunals in the resolution of disputes is shifting. A central aspect of this shift is whether and how international courts and tribunals can be used to resolve such disputes in the public interest. This practice, referred to as public interest litigation, is the object of this collection, which identifies some recent developments, trends and prospects in this growing practice. Its aim is to assess the degree to which the bilateral design of international courts and tribunals can adapt to the shift towards a public approach to international litigation. Engaging with various fields where public interest litigation exists – such as human rights, climate change, global health and criminal law – it identifies recent developments, trends and prospects in this practice. The selected pieces provide a flavour of the types of issues that have arisen before international judicial bodies – for instance, the International Court of Justice, the International Tribunal for the Law of the Sea, international arbitral tribunals, regional human rights bodies or criminal courts – and explores issues that may arise in the future

chapter 1|6 pages

Introduction

part I|66 pages

The Meaning and Purpose of Public Interest Litigation

chapter 3|39 pages

Public Interest Litigation

A Pipe Dream or the Future of International Litigation?

part II|62 pages

Public Interest Litigation before the International Court of Justice

chapter 4|23 pages

Third-Party Intervention before the International Court of Justice

A Tool for Litigation in the Public Interest?

chapter 5|37 pages

Mapping the ‘Public’ in Public Interest Litigation

An Empirical Analysis of Participants before the International Court of Justice

part III|66 pages

Procedural Developments in Public Interest Litigation

chapter 6|33 pages

All that Glitters Is Not Monetary Gold

Indispensable Parties and Public Interest Litigation before International Tribunals

part IV|50 pages

Public Interest Litigation and Non-State Actors

chapter 8|24 pages

Third-Party Investigation in International Criminal Law

Public Interest Litigation in a Broader Sense?

chapter 9|24 pages

NGOs as Amicus in Investor-State Arbitration

Addressing Public Interest and Human Rights Issues

part V|42 pages

Public Interest Litigation and Human Rights

chapter 10|21 pages

Balancing Public Interest with Health-Related Rights

Current Dilemmas and Future Prospects

chapter 11|19 pages

Reparations for Human Rights Violations

A Major Objective of Public Interest Litigation

part VI|52 pages

Public Interest Litigation and Climate Change

chapter 12|22 pages

Ocean-Climate Litigation

Enforcing Public Interest Against All Odds