The interplay between substantive and procedural law in the settlement of international disputes

This chapter investigates the notion of a ‘functional’ relationship between substance and procedure in the settlement of international disputes. By reference to four categories of international disputes - those concerning the threat or use of force, land and/or maritime boundary delimitation, the protection of foreign investments, and human rights - it approaches this inquiry from two angles. First, it considers the extent to which the substantive features peculiar to each category of dispute may influence which methods of international dispute settlement are suitable for resolving those disputes. Secondly, it considers the extent to which substantive peculiarities in a given area have influenced how the relevant courts and other dispute settlement bodies in each category apply procedural rules. It concludes by observing that the substantive character of an area of international law has marked influence on the resulting settlement procedures for that area and that rules of procedure are in many instances (but not always) adaptive to peculiarities in the substantive area of the dispute in which they are being applied.