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Part VI Selected Legal and Procedural Issues of International Adjudication, Ch.38 Inherent Powers in International Adjudication

Chester Brown

From: The Oxford Handbook of International Adjudication

Edited By: Cesare PR Romano, Karen Alter, Yuval Shany

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 26 September 2023

Sources of international law — General principles of international law — Choice of law — International organizations, practice and procedure
The existence of “inherent powers” is a controversial issue in international adjudication. A number of international courts and tribunals have asserted the existence of and exercised such powers, and the existence of inherent powers also has doctrinal support.1 However, other international courts and tribunals, parties to international proceedings and writers variously contend that they do not exist, or that they are extremely limited, and may be exercised only in “compelling circumstances.”2 In addition, Professor Thirlway invokes concerns relating to the...
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