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date: 15 November 2019

Abstract and Keywords

This chapter examines some of the main arguments in the debate concerning international adjudication and its relationship to politics. It provides a synthetic framework of political constraints on courts, distinguishing between ex ante and ex post constraints. It then presents several case studies of prominent tribunals: the International Court of Justice (ICJ), the dispute settlement mechanism of the North American Free Trade Agreement (NAFTA), the dispute settlement mechanism of the World Trade Organization (WTO), the international investment regime under the International Convention for the Settlement of Investment Disputes (ICSID) and the Inter-American Court of Human Rights (IACtHR).

Keywords: politics, international adjudication, ex ante constraints, ex post constraints

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