One size does not fit all-uses of experts before international courts and tribunals: An insight into the practice

Abstract

This paper presents the results of empirical research conducted in context of a broader study on the use of experts in international disputes. An analysis of the interviews conducted and responses received from questionnaires as part of this empirical research sheds light on various aspects of expert involvement in international disputes, revealing trends that are not discernible from a textual or casuistic approach. The analysis in this paper also demonstrates interesting divergences as well as common approaches to expert use in different international judicial fora, and among different actors in the judicial process - judges, counsel or experts themselves. The paper concludes that no single unified regime can be identified for experts in international law, variances exist in connection with the forum considered. At the same time, the empirical study reveals universal characteristics in expert use mainly to be found in due process requirements.