7 - Achieving Greater Access to Justice through Cost-Efficiency

Summary

The cost of international dispute settlement is inseparable from the question of access to justice. Cost-saving measures have taken on systemic importance to parties and institutions in international dispute settlement across a range of party dynamics, and have surfaced through an especially wide range of means in state-to-state proceedings. The present study identifies three broad pathways toward cost-efficiency in state-to-state adjudication and arbitration, before assessing potential improvements to promote efficiency and assist developing states in commencing, or defending against, claims in the international arena. In particular, the author outlines six key possibilities for reforming the practices of the Trust Fund of the International Court of Justice, which would potentially influence the efficiency and utilisation of other institutional funds addressed in this chapter. Such developments may benefit not only states requesting financial assistance, but also the institution and the context in which the international community views its vital work.