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Advocacy of Private Disputes before International Claims Resolution Bodies - Chapter 2 - The Art of Advocacy in International Arbitration

Author(s): 
James Lloyd Loftis
Page Count: 
36 pages
Media Description: 
1 PDF Download
Published: 
March, 2004
Practice Areas: 
Advocacy

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Originally from The Art of Advocacy in International Arbitration

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I. Introduction
This chapter explores the practice of private advocacy – the
representation of individual clients – in proceedings before the
dispute resolution bodies of international organizations. This
concept raises a number of questions, but the topic limits the scope
of this chapter to a discussion of those issues directly relevant to
advocacy. This chapter first describes international organizations and
the dispute resolution bodies that they create, and then identifies
some key differences between these bodies and private arbitral
tribunals. In successive sections, the chapter then analyzes the effects
of these differences on strategy, case development and case
presentation.
 
II. International Organizations
 
A. International Organizations and Dispute Resolution
Bodies
 
An international organization is an inter-governmental2 entity
created by its member states, usually for the coordinated pursuit of
some stated purpose. The United Nations (“UN”), the World Health
Organization, and the World Bank are well-known multilateral
international organizations created to promote general aims of peace,
health and prosperity. There are also regional and bilateral
international organizations, such as the European Union and the USCanada
International Joint Commission. Many of these international
organizations have established, sponsored or administered dispute
resolution bodies. In addition, states have through treaties or other
sovereign acts created special-purpose, dispute resolution bodies or
facilities designed to handle dispute resolution.
These dispute resolution bodies (“DRB”) sponsor permanent or
standing tribunals with a general mandate, such as the International
Court of Justice3 and the Permanent Court of Arbitration,4 or with a
specific focus, such as the International Tribunal for the Law of the