Jurisdiction of the WTO and investment tribunals to decide other public international law norms: balancing State consent and efficiency
PhD candidate Nicola Strain investigates whether the World Trade Organization Panels and Appellate Body and investor-state investment arbitrations have jurisdiction to decide questions of public international law when such issues arise in close connection with a dispute under the agreement conferring jurisdiction on the tribunal.
The dissertation attempts to consider the interpretive approaches adopted by the dispute resolution bodies in determining the jurisdictional question of other public international law norms. Using a database of documents relating to State consent to the conferral of jurisdiction of the relevant tribunals, the dissertation examines the consequences of the dispute resolutions bodies’ approach to consent to jurisdiction.
The PhD project is a part of the research project State Consent to International Jurisdiction: Conferral, Modification and Termination.