Appellate review

Until relatively recently, appellate review was regarded as a procedural institution unnecessary or unsuitable for international dispute settlement. It may therefore come as a surprise that it has appeared in an international context for decades and was even recognized by the PCIJ as worthy of regulation in its rules of procedure. Over the years, appellate review has undergone an evolution from a procedural device usually applied in ‘mixed’ (involving non-judicial bodies) international dispute resolution mechanisms to one applied in integrated mechanisms (that of the WTO being a prime example). This chapter explores the concept and functions of appeal in international law, regarding appellate review as a specific category of post-judgment procedure. It presents selected examples of international appellate mechanisms, focusing on the practice of the ICJ which has a acted as a ‘court of appeal’ in both its advisory and contentious capacity. While there have been examples of appellate review resulting in conceptual and practical problems (such as the ICJ’s role as court of appeal from decisions of administrative tribunals or the WTO Appellate Body), the institution of appeal is paving its way as a useful or even necessary tool designed to reinforce international adjudicative systems (both existing and contemplated) and harmonize their jurisprudence.