International Adjudication of Global Public Goods: The Intersection of Substance and Procedure
SHARES Research Paper 09 (2012), ACIL 2012-08
Published in: (2012) 23(3) European Journal of International Law 769-791.
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.