‘The Functions of International Adjudication and International Environmental Litigation’ (Cambridge University Press, 2024) uses environmental disputes as a focus to develop a novel comparative analysis of the functions of international adjudication.
In his book, Dr Joshua Paine focuses on three challenges confronting international tribunals: managing change in applicable legal norms or relevant facts, determining the appropriate standard and method of review when scrutinising State conduct for compliance with international obligations, and contributing to wider processes of dispute settlement.
The book compares how tribunals manage these challenges across four key sites of international adjudication: adjudication in the World Trade Organization and under the United Nations Convention on the Law of the Sea, International Court of Justice litigation, and investment treaty arbitration.
It shows that while international tribunals perform several key functions in the contemporary international legal order, they are subject to significant constraints.
“Environmental disputes are litigated across a variety of international courts and tribunals with diverse design features and aims. My book uses environmental disputes as a focus to analyse three key challenges confronting international tribunals, and to identify and explain similarities and differences.
“At a time when international courts and tribunals are busier than ever, including with high-profile cases concerning climate change, I hope that my book’s context-sensitive comparative analysis provides new insights for scholars and practitioners.”
– Dr Joshua Paine
The book has received positive endorsements from eight eminent scholars - find out more about the publication on the Cambridge University Press website.