Beyond the Usual Suspects: International Dispute Settlement Outside the Courts

In discourse on international dispute settlement, international lawyers often focus on a narrow range of standing courts. This panel shifts the focus beyond the "usual suspects," highlighting non-judicial dispute settlement mechanisms as envisaged in Article 33 of the UN Charter, and seeking to illuminate the role modalities such as conciliation, mediation, and negotiation have played in resolving high-profile disputes in different regions of the world. What are the benefits and disadvantages of varying levels of judicialization or institutionalization when designing mechanisms for resolving disputes? Is it possible to speak of distinct, regional "approaches" to institution-building and dispute settlement, such as in the Inter-American system or among ASEAN states?

Speakers:

  • Philipp Kotlaba (introduction), SIL ICTIG Advisory Board
  • Brian McGarry (moderator), Leiden University
  • Anderson Dirocie, former Inter-American Commission of Human Rights
  • Tara Davenport, National University of Singapore
  • Diane Desierto, Notre Dame School of Law
  • Mushegh Manukyan, Office of the Ombudsman for UN Funds and Programmes

This session is organized by ASIL's International Courts and Tribunals Interest Group.