PluriCourts Lunch: International courts as administrative courts

Christoffer C. Eriksen will present a paper exploring how the use of domestic administrative discretion is affected by courts and tribunals having the power to interpret international treaties.

The paper examines the impact of a distinct part of the practice of three different courts and tribunals: (1) The WTO Appellate Body and its interpretation of the World Trade Organization Agreement on the Application of Sanitary and Phytosanitary Measures; (2) the practice of arbitration tribunals which having the power to interpret bilateral investment treaties (BITs); and (3) the Court of Justice of the European Union’s interpretation of the Treaty on the Functioning of the European Union and its prohibitions against restrictions on free movement. The paper demonstrates how the practice of these courts and tribunals imposes limitations on the use of administrative discretion which affects substantial portions of administrative activity within states, namely, the regulation of risk, property, and the movement of goods, persons, services and capital.

Published Nov. 28, 2014 3:07 PM - Last modified June 15, 2015 1:31 PM