Taking Stock: Abuse of Process within the International Court of Justice

2 September, 2020

Luke Tattersall and Azfer Khan (Adjunct Faculty Member at Singapore Management University School of Law) have published an article in The Law and Practice of International Courts and Tribunals discussing the use of the abuse of process doctrine by the International Court of Justice.

The article reviews the use of the abuse of process doctrine in various international law contexts, including investor-State arbitrations, the International Tribunal for the Law of the Sea (ITLOS), the European Court of Human Rights and the International Court of Justice. It is suggested that the International Court of Justice should seize upon the general trend in international law of courts and tribunals more readily utilising the doctrine in order to preserve the integrity of State-to-State proceedings.

The full article can be accessed here (2020 Volume 19 Issue 2, 229-268) (subscription service).