Max Planck Lecture Series: Prof. Pellet gave a lecture titled "Pleading before International Tribunals"
On February 3rd, 2016, the MPI Luxembourg welcomed Professor Alain Pellet lecturing on "Pleading before International Tribunals". Prof. Pellet shared insights and best practices from his extensive experience stemming from his pleadings before international tribunals.
Using the International Court of Justice (ICJ) and the International Tribunal of the Law of the Sea (ITLOS) as representative examples, Prof. Pellet discussed the composition of delegations to international tribunals, different pleading styles and the inherent culture of International Public Law as a combination of the Common Law and Civil Law traditions.
Addressing the fact that pleading before international tribunals is mainly conducted by a small group of experts, Prof. Pellet gave two explanations. On the one hand, seasoned counsels know the habits and the language of the tribunal. On the other hand, governments have a tendency to choose a high-profile counsel rather than an unknown expert.
Prof. Pellet also questioned the need for the often costly hearings. His conclusion was that having the oral pleadings was mainly useful for two reasons. Firstly, an oral pleading adds clarity to the written submission. Thus both oral hearings and the written submissions form an inseparable unity. Secondly, oral hearings provide a transparency for justice. Especially in politically sensitive cases, a broadcast of hearings may help citizens to understand and accept the tribunal's decisions. This way conflicts are more likely settled permanently.
The lecture was followed by a Q&A and small reception giving opportunity to continue and deepen discussions on the topic.
