Chapter

Enforcing Community Interests Through International Dispute Settlement: Reality or Utopia?

Rüdiger Wolfrum

in From Bilateralism to Community Interest

Published in print March 2011 | ISBN: 9780199588817
Published online May 2011 | e-ISBN: 9780191725272 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199588817.003.0070
Enforcing Community Interests Through International Dispute Settlement: Reality or Utopia?

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The existence of community interests is now accepted despite an ongoing discussion about the exact features and the ways and means of their establishment. However, considerable uncertainties remain as to the mechanisms of their enforcement. This chapter attempts to shed some light on the issue of enforcing community interests via international dispute settlement. In particular, it argues that the view that international law does not provide for an actio popularis glosses over the intricate problems raised with respect to implementation. Ultimately, possibilities exist to enforce some community interests by invoking international dispute settlement mechanisms. It is suggested that community interests may be grouped in at least two categories and that such categorization helps in identifying the appropriate mechanisms for enforcement.

Keywords: community interests; international dispute settlement; international law

Chapter.  6970 words. 

Subjects: Public International Law

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