Il concetto di controversia nella giurisdizione internazionale

The first purpose of the dissertation is to outline the concept of dispute in various jurisdictional systems known to International Law (ICJ, DSB of the WTO, Investment Tribunals under the auspices of ICSID). Due to the multiplication of international judicial fora, there is the need to revise a classical topic, mainly by checking if the concept has assumed different peculiarities in different fields. This analysis is also useful for a number of reasons. First, to improve the knowledge of the different sub-systems in which the jurisdictional function takes place in International Law. Second, to analyse different facets of jurisdiction, given that the concept of dispute and jurisdictional questions relate to each other. The findings of the analysis indicate that, despite commonalities among different judicial sub-systems, the concept of dispute is not unified in International Law, and rather dependent on the nature of the judicial body and its powers. The second aim of the study is thus to grasp the reasons why there is no common and unified understanding of the concept of dispute among different judicial bodies and to identify trends and strategies that may lead to such an understanding. The dissertation is divided in four main parts. The first one is devoted to the identification of the constitutive elements of international disputes before the institution of the proceedings. The second one aims at understanding how the dispute brought before the relevant judicial organ is outlined. The third one considers the procedural elements that may affect the “perimeters” of the dispute. The fourth concerns the settlement of international disputes, both inside and outside the proceedings.