Assistants in International Dispute Settlement : Navigating Legitimacy

This book analyses the role of actors that critically aid adjudicators at different stages of the dispute resolution process across 20 international dispute resolution bodies.

Collectively referred to as ''dispute assistants'' in the book, these actors are known by different names such as legal officers, référendaires, secretariat staff, registry staff, etc. The book uses doctrinal research, supplemented through interviews with relevant actors in each dispute resolution body, and delivers a holistic view of their everyday practice.

The book provides a comparative study on the functions of dispute assistants at every stage of the dispute resolution process, revealing the widespread and critical nature of their work. It addresses the legitimacy concerns raised about the alleged influence dispute assistants may exercise over adjudicators as well as in the decision-making process. These concerns are traced across sources such as judicial/quasi-judicial decisions; statements or criticisms raised by States parties, academics, or practitioners; and concerns that arose in conversations with judges, dispute assistants, and other relevant actors. By employing a comparative lens, the book moves from concerns that are specific to individual dispute resolution bodies towards general concerns.

By tapping into the wealth of comparative practices across dispute resolution bodies to navigate these legitimacy concerns, this essential book reframes the narrative that dispute assistants threaten the legitimacy of international dispute resolution, and proposes solutions to show how their expertise can be leveraged to strengthen the legitimacy of outcomes.