International Adjudication of Global Public Goods: The Intersection of Substance and Procedure

International adjudication is a small, but not irrelevant, component in the complex international governance structure through which states and other actors seek to deliver global public goods. This article explores the plurality of connections between the procedural law of international adjudication and the substantive law that protects public goods. The article articulates choices that courts face, and discusses whether shaping these connections is a proper part of the international judicial function, taking into account problems of legitimacy that may arise when judge-made procedure will undo state-made substantive law.

Tags: global public goods, international adjudication, International courts, international responsibility, state responsibility