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From Bilateralism to Community InterestEssays in Honour of Bruno Simma$
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Ulrich Fastenrath, Rudolf Geiger, Daniel-Erasmus Khan, Andreas Paulus, Sabine von Schorlemer, and Christoph Vedder

Print publication date: 2011

Print ISBN-13: 9780199588817

Published to Oxford Scholarship Online: May 2011

DOI: 10.1093/acprof:oso/9780199588817.001.0001

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

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

Chapter:
(p.1132) Enforcing Community Interests Through International Dispute Settlement: Reality or Utopia?
Source:
From Bilateralism to Community Interest
Author(s):

Rüdiger Wolfrum

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199588817.003.0070

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

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