1 The creation and establishment of an appellate court would constitute an important innovation to spread the rule of law in the international community. The introduction of an appellate mechanism in international adjudicatory proceedings, however, entails a variety of legal and practical questions. Among them is how to address a situation where an appellate court overturns the decision of a court of first instance but is unable to complete the required analysis on its own. Ideally, the upper court should be able to send the case back to the lower court to...
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