INHERENT POWERS IN INTERNATIONAL ADJUDICATION
The concept of inherent powers is one of the driving forces that has allowed international dispute resolution bodies to charter new frontiers of international law. Unprecedented decisions on security for costs, the disclosure of third-party funders, as well as on motions for reconsideration have been based on this concept lately.
At the same time, recent years have marked a paradigmatic shift towards the increasing regulation of the framework of international dispute settlement. Elaborate rules of adjudication, codes of conduct for decision-makers as well as a higher level of scrutiny of decisions are testimony to this.
These diverging trends raise pressing questions that concern practice and academia alike:
- What are the sources of inherent powers and what are its limits? Does the increasing regulation of the framework for international dispute resolution effectively constrain the relative autonomy of international adjudicators?
- Does the concept of inherent powers apply differently before standing courts on the one hand and ad hoc tribunals on the other?
- Do we have to reconceptualize the role of international adjudicators in light of the concept of inherent powers? Are they, e.g., agents of the parties, trustees of the international community or in a further position yet to be defined?
- Under which circumstances does the concept of inherent powers apply in practice?
The conference will address all of the above issues.