Diplomatic Dispute Settlement

Author : S. M. G. Koopmans
Publisher : T.M.C. Asser Press
Page : 325 pages
File Size : 40,6 Mb
Release : 2008-06-26
Category : Law
ISBN : 9067042609

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Diplomatic Dispute Settlement by S. M. G. Koopmans Pdf

Variations of conciliation are included in many instruments, particularly in multilateral agreements concerning the environment, human rights, international trade and investment protection. Conciliation is also used on an ad hoc basis for the resolution of disputes between States, such as in border conflicts. Nevertheless, the method is rarely studied in depth from either a legal or political aspect. Focusing on conciliation in a broad sense (including variations of mediation, inquiry and non-compliance mechanisms), Sven Koopmans offers a timely discussion of non-binding dispute settlement between States. The book argues that the lack of familiarity with conciliation both causes its popularity in treaties and its difficulties in practice. The author proposes a new way of looking at conciliation and at its potentials and restrictions, and assesses the usefulness of this way of settling disputes.

Author : Laurence Boisson de Chazournes,Marcelo Kohen,Jorge E. Viñuales
Publisher : Martinus Nijhoff Publishers
Page : 355 pages
File Size : 49,7 Mb
Release : 2012-10-12
Category : Political Science
ISBN : 9789004209985

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Diplomatic and Judicial Means of Dispute Settlement by Laurence Boisson de Chazournes,Marcelo Kohen,Jorge E. Viñuales Pdf

The volume offers an assessment of the interactions between diplomatic and judicial means of settling international disputes in selected areas: territorial questions, international criminal law, international trade law, investment arbitration and human rights. It includes contributions from some of the world's leading academics and practitioners.

Author : S. M. G. Koopmans
Publisher : T.M.C. Asser Press
Page : 0 pages
File Size : 50,8 Mb
Release : 2008
Category : Law
ISBN : 9067046752

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Diplomatic Dispute Settlement by S. M. G. Koopmans Pdf

Author : J. G. Merrills
Publisher : Cambridge University Press
Page : 424 pages
File Size : 45,7 Mb
Release : 2005-10-27
Category : Law
ISBN : 1139448412

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International Dispute Settlement by J. G. Merrills Pdf

A completely updated edition of a definitive survey of the peaceful settlement of disputes - a key aspect of international law and international relations. Many methods of handling such disputes have been developed, and this book explains what the relevant techniques and institutions are, how they work and when they are used. Separate chapters cover the various diplomatic methods (negotiation, mediation, inquiry and conciliation), the legal methods (arbitration and judicial settlement), the special arrangements for disputes concerning trade or the law of the sea, and the role of the United Nations and regional organisations. The strengths and limitations of each method are illustrated with numerous examples taken from international practice. This new edition deals with many current developments, including the latest UN peace-keeping operations, the work of the WTO and of the International Tribunal for the Law of the Sea, and the latest case-law of the International Court of Justice.

Author : J. G. Merrills
Publisher : Cambridge University Press
Page : 387 pages
File Size : 52,5 Mb
Release : 2011-03-17
Category : Law
ISBN : 9781139500128

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International Dispute Settlement by J. G. Merrills Pdf

A guide to the techniques and institutions used to solve international disputes, how they work and when they are used. This textbook looks at diplomatic (negotiation, mediation, inquiry and conciliation) and legal methods (arbitration, judicial settlement). It uses many, often topical, examples of each method in practice to place the theory of how things should work in the context of real-life situations and to help the reader understand the strengths and weaknesses of different methods when they are used. It also looks at organisations such as the International Court and the United Nations and has been fully updated to include the most recent arbitrations, developments in the WTO and the International Tribunal for the Law of the Sea, as well as case law from the International Court of Justice.

Author : Anonim
Publisher : Unknown
Page : 322 pages
File Size : 41,7 Mb
Release : 2011-07-11
Category : Electronic
ISBN : 9067046760

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Diplomatic Dispute Settlement by Anonim Pdf

Author : MaryEllen O'Connell
Publisher : Routledge
Page : 552 pages
File Size : 46,8 Mb
Release : 2017-07-05
Category : History
ISBN : 9781351562485

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International Dispute Settlement by MaryEllen O'Connell Pdf

The very purpose of international law is the peaceful settlement of international disputes. Over centuries, states and more recently, organizations have created substantive rules and principles, as well as affiliated procedures, in the pursuit of the peaceful settlement of disputes. This volume of the Library of Essays in International Law focuses on the classic procedures of peaceful settlement: negotiation, good offices, inquiry, conciliation, arbitration, judicial settlement, and agencies for dispute resolution. The introduction provides a unique historic overview, explaining how the procedures first developed and changed over time. Each chapter features a seminal essay that helped create the changes described in the introduction. Being at the center of international law, dispute resolution has always been a core topic of international scholarship, this volume brings together for the first time, the pivotal writing in the field.

Author : Christian Tomuschat,Riccardo Pisillo Mazzeschi,Daniel Thürer
Publisher : BRILL
Page : 257 pages
File Size : 49,8 Mb
Release : 2016-11-17
Category : Law
ISBN : 9789004312111

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Conciliation in International Law by Christian Tomuschat,Riccardo Pisillo Mazzeschi,Daniel Thürer Pdf

This volume collects the materials underlying the International Colloquium “Conciliation in the Globalized World of Today“, held on 11 and 12 June 2015 in Vienna under the auspices of the Court of Conciliation and Arbitration within the OSCE. The aim of the Colloquium was to examine the merits and possible shortcomings of this method of conflict resolution, and it concluded that the pros heavily outweigh the cons.

Author : John G. Collier,Vaughan Lowe
Publisher : Oxford University Press, USA
Page : 428 pages
File Size : 42,6 Mb
Release : 2000
Category : Law
ISBN : 0198299273

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The Settlement of Disputes in International Law by John G. Collier,Vaughan Lowe Pdf

For many years it was said that the weakness of international law was the lack of a system for the enforcement of legal obligations. Commentators pointed to the paucity of cases in the International Court and the unwillingness of States to undertake binding obligations to settle their disputes. This position has now changed beyond recognition. The number of international tribunals has increased and many of them, such as ICSID and the International Court of Justice, are busier than at any time in their history. Increasingly, the classical procedures of diplomatic protection are circumvented as corporations and individuals litigate in their own right against States in international tribunals. This book surveys the range of procedures for the settlement of international disputes, whether the disputes arise between States or between States and corporations or individuals. The first part of the book examines non-judicial procedures such as negotiation, mediation, fact-finding, as well as judicial procedures. Among the tribunals covered are ICSID, the UNCC and the Iran-US Claim Tribunal, the WTO disputes panels, ad-hoc inter-State and international commercial arbitral tribunals and the International Court of Justice. In the second part of the book the emerging principles of procedural law applied in these tribunals are discussed. Here the authors go through the entire settlement process from the agreement to submit to a settlement procedure and the constitution of the tribunal, through to the determination of the law applicable to the merits and to the procedure of the tribunal, to the review, and ultimately the recognition and enforcement of tribunal awards.

Author : United Nations. Codification Division
Publisher : New York : United Nations
Page : 268 pages
File Size : 44,8 Mb
Release : 1992
Category : Law
ISBN : UOM:39015029249789

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Handbook on the Peaceful Settlement of Disputes Between States by United Nations. Codification Division Pdf

Author : Marcel Brus,Sam Muller,Serv Wiemers
Publisher : BRILL
Page : 166 pages
File Size : 44,7 Mb
Release : 2023-11-27
Category : Law
ISBN : 9789004637658

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The United Nations Decade of International Law by Marcel Brus,Sam Muller,Serv Wiemers Pdf

In its forty-fourth session the General Assembly of the United Nations proclaimed the 1990s as the Decade of International Law. One of the main purposes of the decade is the promotion of effective means for peaceful international dispute settlement, and, especially, strenghtening the role of and respect for the International Court of Justice, the principal judicial organ of the United Nations. The editors of this book contribute to this aim by bringing together a variety of opinions by international legal experts on peaceful dispute settlement. The subject is approached from different angles, ranging from the role of the International Law Commission and the Non-Aligned Movement to human rights and space law disputes, in order to identify areas of international law where room exists for further development of existing means for peaceful settlement of international disputes. A general conclusion which can be drawn from this survey is that the focus of attention should not be aimed primarily at strenghtening the role of the International Court of Justice, e.g. by amending some of its rules or by trying to increase its political acceptability through diplomatic efforts. Instead, the focus should be on small scale improvements within specific areas of international law with an emphasis on the relation between dispute settlement and supervision. Furthermore, it seems essential for a real improvement to give non-governmental organisations or private persons a greater role in upholding the rule of international law, whether in domestic courts or in international fora. This work has been published previously in the Leiden Journal of International Law, Special Issue (3 LJIL 90).

Author : Nii Lante Wallace-Bruce
Publisher : Martinus Nijhoff Publishers
Page : 256 pages
File Size : 47,6 Mb
Release : 1998-02-18
Category : Political Science
ISBN : 9041105670

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The Settlement of International Disputes by Nii Lante Wallace-Bruce Pdf

The first part of this book deals with the general principles relating to international disputes settlement. It starts by looking at the nature of an international dispute in contemporary international law, and by discussing the principles governing the ascertainment of the existence of an international dispute. It then moves on to a consideration of the diplomatic means of an international dispute settlement. The book not only focuses on the peaceful means, but also considers other means, in particular countermeasures. A separate chapter is devoted to the International Court of Justice, enabling in-depth treatment of the issues. The book critically analyses the cases in which Australia and New Zealand have been involved, first as applicants, and then as respondents, thereby assessing the contributions made by these two countries to the development of the law relating to international disputes settlement.

Author : Yoshifumi Tanaka
Publisher : Cambridge University Press
Page : 465 pages
File Size : 47,6 Mb
Release : 2018-01-11
Category : Law
ISBN : 9781107164277

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The Peaceful Settlement of International Disputes by Yoshifumi Tanaka Pdf

This book offers students a clear and systematic overview of procedures for peaceful dispute settlement in international law.

Author : Rodrigo Polanco,Rodrigo Polanco Lazo
Publisher : Cambridge University Press
Page : 373 pages
File Size : 47,8 Mb
Release : 2019-01-10
Category : Law
ISBN : 9781108473385

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The Return of the Home State to Investor-State Disputes by Rodrigo Polanco,Rodrigo Polanco Lazo Pdf

This book examines the role of home states to investment disputes and questions whether it represents a return to diplomatic protection.

Author : Christian J Tams,Antonios Tzanakopoulos
Publisher : Bloomsbury Publishing
Page : 997 pages
File Size : 45,8 Mb
Release : 2022-09-29
Category : Law
ISBN : 9781509942220

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The Settlement of International Disputes by Christian J Tams,Antonios Tzanakopoulos Pdf

The second edition of this book provides students, scholars, and practitioners of international law with easy access to the key primary sources in international dispute settlement, allowing users to focus on engaging with the primary material, rather than trying to source it. The text has been expanded and updated to reflect developments in this rapidly changing field. It includes dispute settlement provisions of treaties adopted since the first edition (such as the Paris Agreement on Climate Change and the WTO Multi-Party Interim Appeal Arbitration Agreement) and takes stock of changes affecting proceedings before investment tribunals, the European Court of Human Rights, and the International Court of Justice. A new subject index improves navigation.