The Multiplicity of Judicial Functions

Wednesday 28 August 2024, 2:30 pm
PhD candidate
R. Möhrlein
Promotor(s)
prof. mr. H.C.F.J.A. de Waele
Co-promotor(s)
dr. mr. E.R. Rieter
Location
Aula

How the Courts of Appeal fulfil their functions in society is a recurring point of law in both national and international jurisprudence. In the latter case, however, this point of law has always been a more pressing concern due to the peculiarities of international law. In recent years, it has become increasingly common to argue that international courts and tribunals fulfil different judicial functions. However, it is unclear how these functions are shaped in legal practice. This book aims to help clarify this situation by addressing the question of how the judicial functions of international courts and tribunals are expressed in jurisprudence, in particular the International Court of Justice, but also the International Tribunal for the Law of the Sea and the WTO Appellate Body.
By deconstructing specific cases using an analytical instrument, this book explores how judicial functions are implemented in practice. The conclusions of this research contribute to a deeper and more nuanced conceptualisation of judicial functions in international law, a way of substantiating the idea of multiplicity of international judicial functions, and provide a starting point for a new approach to the dispute resolution function in international law.

After completing her Bachelor’s in International Relations and Organisations, and Psychology from the University of Groningen, Rosa Möhrlein completed her Master’s in Public International Law at Utrecht University in 2012. In that same year, Rosa was appointed lecturer in the International and European law department of Radboud University Nijmegen. In 2013, she gave a presentation at the centenary celebrations of the Peace Palace in The Hague about the relationship between the International Court of Justice and the UN Security Council. It was published in: Enhancing the Rule of Law through the International Court of Justice (Brill, 2014). This experience was the most important incentive to embark on PhD research under the supervision of Prof. De Waele and Dr Rieter in 2014.
In 2020, Rosa became a lecturer in the Faculty of Law at the University of Amsterdam where one of the subjects she teaches Master’s students is professional ethics. She is also the managing editor of the Netherlands International Law Review.