Implementation and Enforcement of Community Interest-related Treaties by Judicial Means: Procedural Limitations, Chances and Prospects

Abstract

The international dispute settlement system is characterised by bi-focalism – the claim of the applicant being directly opposed by the respondent. This renders the international dispute settlement system less suitable to implement international norms serving community interests. International and regional dispute settlement systems have developed mechanisms to overcome the barriers resulting from the traditional bi-focalism. Some national legal systems have advanced in this respect. In general, it may be necessary to develop new mechanisms or to make use of existing ones, such as advisory opinions.