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One Size does not Fit All—Uses of Experts before International Courts and Tribunals: An Insight into the Practice

Boisson de Chazournes, Laurence ; Mbengue, Makane Moise ; Das, Rukmini ; Gros, Guillaume

In: Journal of International Dispute Settlement, 2018, vol. 9, no. 3, p. 477-505

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    Titre
    • One Size does not Fit All—Uses of Experts before International Courts and Tribunals: An Insight into the Practice
    Auteur
    • Boisson de Chazournes, Laurence. University of Geneva
    • Mbengue, Makane Moise. University of Geneva and Sciences Po Paris (School of Law)
    • Das, Rukmini. University of Geneva
    • Gros, Guillaume. University of Geneva
    Type de document
    • Postprint
    Langue
    • Inglese
    Publié dans
    • Journal of International Dispute Settlement, 2018, vol. 9, no. 3, p. 477-505. Oxford University Press
    Autre version électronique
    Identifiant OAI-PMH
    • oai:doc.rero.ch:333119
    Summary
    This paper presents the results of empirical research conducted in context of a broader study on the use of experts in international disputes. An analysis of the interviews conducted and responses received from questionnaires as part of this empirical research sheds light on various aspects of expert involvement in international disputes, revealing trends that are not discernible from a textual or casuistic approach. The analysis in this paper also demonstrates interesting divergences as well as common approaches to expert use in different international judicial fora, and among different actors in the judicial process - judges, counsel or experts themselves. The paper concludes that no single unified regime can be identified for experts in international law, variances exist in connection with the forum considered. At the same time, the empirical study reveals universal characteristics in expert use mainly to be found in due process requirements.