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A Common Law of International Adjudication$
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Chester Brown

Print publication date: 2007

Print ISBN-13: 9780199206506

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199206506.001.0001

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Power of International Courts to Interpret and Revise Judgments and Awards

Power of International Courts to Interpret and Revise Judgments and Awards

Chapter:
(p.152) 5 Power of International Courts to Interpret and Revise Judgments and Awards
Source:
A Common Law of International Adjudication
Author(s):

Chester Brown

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199206506.003.0006

This chapter examines in detail two post-adjudication powers of international courts and tribunals: the power of interpretation and the power of revision. It first explains the post-adjudication role of international courts, which is limited due to the principle of the finality of adjudication. A variety of procedures have been developed, but this chapter focuses on the powers of interpretation and revision. The chapter then analyses the source of these powers, and it is argued that even if these powers are not expressly conferred in an international court's constitutive instruments, they can be exercised as inherent powers. It then turns to a number of issues which are considered by international courts in exercising the powers of interpretation and revision: the jurisdiction of the international court hearing the request; the composition of the international court; the scope of the powers of interpretation and revision; and other conditions. The chapter concludes that these powers are generally exercised in a consistent manner by different international courts.

Keywords:   interpretation, revision, post-adjudication procedures, express powers, inherent powers, jurisdiction, composition of the court, finality of litigation, res judicata

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