Dr. Lorand Bartels
University Senior Lecturer in Law
Fellow of Trinity Hall
University of Cambridge

ABSTRACT: All courts and tribunals claim a power - and some a duty - to identify and apply the law as they see it, regardless of what the parties to the dispute might say. At the same time, they are also bound not to make determinations on points beyond those which they have been asked to make. This poses problems for all courts and tribunals, but it is a  particularly sensitive issue for international courts and tribunals, which are established on the basis of the consent of states. How much scope do these courts and tribunals have to ignore what both parties might claim? Are they really entitled - or even obliged - to make out defence on behalf of respondents, given that there might be good tactical reasons that a respondent did not make any such defence? This presentation considers these issues in light of the jurisprudence of the International Court of Justice, the WTO tribunals, and investment tribunals.

El seminario se dictará en idioma inglés, sin traducción.

Aula "Dr. Ricardo A. Cairoli" - A104 (primer piso).