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Controlling consent: insights from binding dispute settlement

Research output: Contributions to collected editions/works › Chapter › peer-review

Standard

Controlling consent: insights from binding dispute settlement. / Tams, Christian J.
Consenting to international law. ed. / Samantha Besson. Cambridge, UK: Cambridge University Press, 2023. p. 72-99.

Research output: Contributions to collected editions/works › Chapter › peer-review

Harvard

Tams, CJ 2023, Controlling consent: insights from binding dispute settlement. in S Besson (ed.), Consenting to international law. Cambridge University Press, Cambridge, UK, pp. 72-99. https://doi.org/10.1017/9781009406444.006

APA

Tams, C. J. (2023). Controlling consent: insights from binding dispute settlement. In S. Besson (Ed.), Consenting to international law (pp. 72-99). Cambridge University Press. https://doi.org/10.1017/9781009406444.006

Vancouver

Tams CJ. Controlling consent: insights from binding dispute settlement. In Besson S, editor, Consenting to international law. Cambridge, UK: Cambridge University Press. 2023. p. 72-99 doi: 10.1017/9781009406444.006

Bibtex

@inbook{ab5123c3698942f6929a64b37a7d894d,
title = "Controlling consent: insights from binding dispute settlement",
abstract = "The author assesses the role of consent in processes of binding dispute resolution before international courts and tribunals. He seeks to demonstrate that {\textquoteleft}consent{\textquoteright} has a particular role in binding dispute resolution. This particular role derives from the special nature of binding dispute resolution processes. They are intrusive and characterized by their uncertain outcome: the implications of State consent to the dispute resolution process crucially depend on decisions of an independent entity, namely an international court or tribunal. Because this is so, States insist on the need for consent, as a precondition of any binding dispute resolution process. At the same time, once consent has been given, control shifts to the competent international court or tribunal. Moreover, by virtue of their decision-making authority, many international courts and tribunals have managed to assert at least a persuasive influence over proper construction of the legal rules at stake, extending beyond the cases immediately pending before them. The chapter traces these peculiarities and examines how the tension between State and courts{\textquoteright} authority plays out in particular disputes.",
keywords = "Law, dispute settlement, peaceful settlement of disputes, international courts and tribunals, competence de la competence, consnsualism, international adjudication, international arbitration, judicial law-making, backlash, judicial activism",
author = "Tams, {Christian J}",
year = "2023",
month = nov,
doi = "10.1017/9781009406444.006",
language = "English",
isbn = "9781009406475",
pages = "72--99",
editor = "Samantha Besson",
booktitle = "Consenting to international law",
publisher = "Cambridge University Press",
address = "United Kingdom",

}

RIS

TY - CHAP

T1 - Controlling consent

T2 - insights from binding dispute settlement

AU - Tams, Christian J

PY - 2023/11

Y1 - 2023/11

N2 - The author assesses the role of consent in processes of binding dispute resolution before international courts and tribunals. He seeks to demonstrate that ‘consent’ has a particular role in binding dispute resolution. This particular role derives from the special nature of binding dispute resolution processes. They are intrusive and characterized by their uncertain outcome: the implications of State consent to the dispute resolution process crucially depend on decisions of an independent entity, namely an international court or tribunal. Because this is so, States insist on the need for consent, as a precondition of any binding dispute resolution process. At the same time, once consent has been given, control shifts to the competent international court or tribunal. Moreover, by virtue of their decision-making authority, many international courts and tribunals have managed to assert at least a persuasive influence over proper construction of the legal rules at stake, extending beyond the cases immediately pending before them. The chapter traces these peculiarities and examines how the tension between State and courts’ authority plays out in particular disputes.

AB - The author assesses the role of consent in processes of binding dispute resolution before international courts and tribunals. He seeks to demonstrate that ‘consent’ has a particular role in binding dispute resolution. This particular role derives from the special nature of binding dispute resolution processes. They are intrusive and characterized by their uncertain outcome: the implications of State consent to the dispute resolution process crucially depend on decisions of an independent entity, namely an international court or tribunal. Because this is so, States insist on the need for consent, as a precondition of any binding dispute resolution process. At the same time, once consent has been given, control shifts to the competent international court or tribunal. Moreover, by virtue of their decision-making authority, many international courts and tribunals have managed to assert at least a persuasive influence over proper construction of the legal rules at stake, extending beyond the cases immediately pending before them. The chapter traces these peculiarities and examines how the tension between State and courts’ authority plays out in particular disputes.

KW - Law

KW - dispute settlement

KW - peaceful settlement of disputes

KW - international courts and tribunals

KW - competence de la competence

KW - consnsualism

KW - international adjudication

KW - international arbitration

KW - judicial law-making

KW - backlash

KW - judicial activism

U2 - 10.1017/9781009406444.006

DO - 10.1017/9781009406444.006

M3 - Chapter

SN - 9781009406475

SN - 9781009406451

SP - 72

EP - 99

BT - Consenting to international law

A2 - Besson, Samantha

PB - Cambridge University Press

CY - Cambridge, UK

ER -

Other publications by the same author(s)

Priyasha Saksena, Sovereignty, International Law and the Princely States of Colonial South Asia

Tams, C. J., 2023, In: German Yearbook of International Law. 66, 1, p. 409-412 4 p.

Research output: Journal contributions › Critical reviews › Research

Public Interest Litigation avant la lettre? Questions of Standing in the Wimbledon Case

Tams, C. J., 20.02.2025, The Legacy of the Wimbledon Case : Centenary of the First Judgment of the Permanent Court of International Justice . Kwiecien, R. & Fitzmaurice, M. (eds.). Brill | Nijhoff, p. 47-69 23 p. (Queen Mary Studies in International Law; vol. 57).

Research output: Contributions to collected editions/works › Chapter › peer-review

Responsabilidade Internacional Dos Estados: duas décadas após os trabalhos da Comissão de Direito Internacional

Tams, C. J., 2025, Editora D'Plácido. 250 p.

Research output: Books and anthologies › Book

Succession in respect of cession, unification and separation of States.

Devaney, J. G. & Tams, C. J., 2024, General International Law in International Investment Law: A Commentary. Kulick, A. & Waibel, M. (eds.). Oxford University Press, p. 428-442 15 p.

Research output: Contributions to collected editions/works › Chapter › peer-review

The League of Nations as an international organisation

Burton, P. & Tams, C. J., 05.2025, The Cambridge History of International Law: Volume 10: International Law at the Time of the League of Nations (1920–1945). Lesaffer, R., Kolb, R. & Milanov, M. (eds.). Cambridge: Cambridge University Press, p. 100-129 30 p. (The Cambridge History of International Law; vol. 10).

Research output: Contributions to collected editions/works › Chapter › peer-review

DOI

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