Common interests in international litigation: a case study on natural resource exploitation disputes
26 October 2015
UAntwerp, Stadscampus, Grauwzusters, Promotiezaal - Lange Sint-Annastraat 7 - 2000 Antwerp
Prof Koen De Feyter
PhD defence Claire Buggenhoudt - Faculty of Law
- Chairman: Prof D. Vanheule (University of Antwerp)
- Promotor: Prof K. De Feyter (University of Antwerp)
- Prof A. Herwig (University of Antwerp)
- Prof F. Maes (Universiteit Gent)
- Prof P. Okowa (Queen Mary University London)
- Prof C. Tams (University of Glasgow)
- Prof W. Vandenhole (University of Antwerp)
During the last decades, two important evolutions have taken place at the level of international law.
First of all, several issues have been explicitly recognized as common interests in international law. Examples include environmental protection and the protection of peace and security.
Secondly, the functional differentiation of international law has led to a specialization of international judicial bodies. This proliferation of international litigation has led to concerns over the fragmentation of international litigation and the risk of conflicting decisions. Therefore, the main research question in this thesis concerns the extent and consistency of the consideration of common interests by (specialized) international judicial bodies. This question is answered on the basis of a case study of natural resource exploitation disputes. In both the procedural and substantive decisions of the selected courts and tribunals, a number of similarities are found. However, it is also established that at the substantive level the consistent approach is only apparent.
Therefore, the thesis suggest ways to improve the consistency of decision-making methods and, consequently, the enforcement of common interests through international litigation.
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