ABSTRACT
This introduction presents an overview of the key concepts discussed in the subsequent chapters of this book. The book describes the transformation of China’s attitude towards international courts (IC); from a traditional position of hostility to that of an active litigant. It explains how India’s insistence on a traditional, state-centric approach towards ICs has resulted in a rejection of certain progressive developments, notably regarding the participation of non-state actors, whether as amici curiae or as litigants. The book argues that historically, ICs such as the World Trade Organization’s Appellate Body and the International Court of Justice have ‘enjoyed substantial levels of support among their Members’. It discusses the importance of separate opinions in this context, and criticises the forced unanimity which guides the operation of tribunals such as the Court of Justice of the European Union. The role of international law scholars and scholarship within the work of ICs is another procedural area of interest.
