Dispute Settlement In Public International Law

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 : MaryEllen O'Connell
Publisher : Routledge
Page : 552 pages
File Size : 44,8 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 : Karin Oellers-Frahm,Andreas Zimmermann
Publisher : Unknown
Page : 17 pages
File Size : 50,9 Mb
Release : 2001
Category : Electronic
ISBN : OCLC:313969761

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Dispute Settlement in Public International Law by Karin Oellers-Frahm,Andreas Zimmermann Pdf

Author : J. G. Merrills
Publisher : Cambridge University Press
Page : 424 pages
File Size : 51,7 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 : Duncan French,Matthew Saul,Nigel D White
Publisher : Bloomsbury Publishing
Page : 444 pages
File Size : 47,5 Mb
Release : 2010-03-04
Category : Law
ISBN : 9781847315663

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International Law and Dispute Settlement by Duncan French,Matthew Saul,Nigel D White Pdf

International dispute settlement plays a fundamental role in maintaining the fabric of the international legal order, reflecting the desire of States, and increasingly non-State actors, to resolve their differences through international dispute procedures and other legal mechanisms. This edited collection focuses upon the growth and complexity of such legal methods, which includes judicial settlement (courts and tribunals), arbitration and other legal (or what might be termed 'extra-legal') means (international organisations, committees, inspection panels, and ombudsmen). In this important collection, such mechanisms are compared and evaluated side-by-side to provide, in one volume, a detailed and analytical account of the current framework. Ranging from key conceptual issues of proliferation of legal mechanisms and the associated risks of fragmentation through to innovations in dispute settlement mechanisms in many topical areas of international law, including international trade law, collective security law and regional law, this collection, written by leading international lawyers, provides a major study in the ongoing trends and emerging problems in this crucial area of international law. This edited collection is published to mark the retirement of Professor John Merrills, Emeritus Professor of International Law, University of Sheffield, who has written widely on international law and human rights law, but is probably best known for his work on the settlement of international disputes, evidenced by the enduring appeal of his leading text International Dispute Settlement, now in its fourth edition.

Author : Burkhard Hess
Publisher : BRILL
Page : 336 pages
File Size : 45,6 Mb
Release : 2018-08-21
Category : Law
ISBN : 9789004384903

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The Private-Public Law Divide in International Dispute Resolution by Burkhard Hess Pdf

This course addresses dispute resolution in international cases from the classical perspective of the private-public divide. The main focus relates to overlapping remedies available under private international and public international law. Nowadays, a multitude of courts and arbitral tribunals at different levels (domestic, international and transnational) is accessible to litigants in cross-border settings.

Author : J. G. Merrills
Publisher : Cambridge University Press
Page : 387 pages
File Size : 45,5 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 : Karin Oellers-Frahm,Andreas Zimmermann
Publisher : Springer
Page : 2253 pages
File Size : 45,5 Mb
Release : 2001-05-08
Category : Law
ISBN : 3540417435

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Dispute Settlement in Public International Law by Karin Oellers-Frahm,Andreas Zimmermann Pdf

In recent years, instruments and institutions for dispute settlement have multiplied. They now cover almost all areas of international law ranging from international economic law and international criminal law to more traditional fields such as arbitration procedures. Given this development, it became necessary, if not mandatory, to envisage a revised, updated and considerably enlarged second edition of the standard compilation of texts and materials on dispute settlement in public international law, which was first published in 1984 under the auspices of the Heidelberg Max Planck Institute for Comparative Public Law and International Law. Continuing that tradition, the second edition has largely retained the purpose and concept of the publication, namely to make available to researchers, scholars and practitioners a comprehensive collection of more than 150 different instruments which are otherwise sometimes rather difficult to find elsewhere.

Author : Karin Oellers-Frahm,Andreas Zimmermann
Publisher : Springer
Page : 2253 pages
File Size : 42,9 Mb
Release : 2001-05-08
Category : Law
ISBN : 3540417435

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Dispute Settlement in Public International Law by Karin Oellers-Frahm,Andreas Zimmermann Pdf

In recent years, instruments and institutions for dispute settlement have multiplied. They now cover almost all areas of international law ranging from international economic law and international criminal law to more traditional fields such as arbitration procedures. Given this development, it became necessary, if not mandatory, to envisage a revised, updated and considerably enlarged second edition of the standard compilation of texts and materials on dispute settlement in public international law, which was first published in 1984 under the auspices of the Heidelberg Max Planck Institute for Comparative Public Law and International Law. Continuing that tradition, the second edition has largely retained the purpose and concept of the publication, namely to make available to researchers, scholars and practitioners a comprehensive collection of more than 150 different instruments which are otherwise sometimes rather difficult to find elsewhere.

Author : Christian Tomuschat,Riccardo Pisillo Mazzeschi,Daniel Thürer
Publisher : BRILL
Page : 257 pages
File Size : 52,8 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 : Anonim
Publisher : Springer
Page : 0 pages
File Size : 55,5 Mb
Release : 1984
Category : Law
ISBN : 3642968198

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Dispute Settlement in Public International Law by Anonim Pdf

The purpose of the present collection is to make significant and in part generally inac cessible documents from an important area of international law available to researchers, scholars and practitioners in a reliable and appropriate form. In addition, the abundance of materials in the field of international dispute settlement makes all the more justifi able an undertaking which provides the official documentation and a concise bibliogra phy for a representative selection of organizations in this area. Unlike an earlier collec tion published by the Max Planck Institute in 1961, which contained only treaties entered into by the Federal Republic of Germany, the attempt has been made in this volume to present texts and materials on international dispute settlement on a world wide scale. Increasing communication and cooperation has led to greater interdependence of States as is also reflected in the multiplication of international organizations and mechanisms of integration. This trend has also resulted in an increasing institution alization of dispute settlement. The present work is designed to give an overview of the judicial and arbitral institutions which are available for the settlement of inter national disputes, i. e. mainly but not exclusively disputes between States. The major criterion for the selection of the relevant institutions was that they should as a rule be based upon arrangements already in existence or provided for by a treaty.

Author : Christian J Tams,Antonios Tzanakopoulos
Publisher : Bloomsbury Publishing
Page : 997 pages
File Size : 44,8 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.

Author : Christian Tomuschat,Marcelo Kohen
Publisher : BRILL
Page : 307 pages
File Size : 44,6 Mb
Release : 2020-07-13
Category : Law
ISBN : 9789004433137

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Flexibility in International Dispute Settlement by Christian Tomuschat,Marcelo Kohen Pdf

Conciliation has recently seen a successful revival. It provides States with a flexible remedy to peacefully settle their disputes with neighbouring States. The most prominent mechanism for that purpose is the OSCE Court of Conciliation and Arbitration, unused until today.

Author : Hanspeter Neuhold
Publisher : BRILL
Page : 232 pages
File Size : 51,8 Mb
Release : 2015-12-04
Category : Law
ISBN : 9789004299931

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The Law of International Conflict by Hanspeter Neuhold Pdf

The Law of International Conflict deals with three key principles of international law from a policy-oriented perspective that includes insights from various social sciences.

Author : Gérardine Goh
Publisher : BRILL
Page : 424 pages
File Size : 47,8 Mb
Release : 2007-03-26
Category : Law
ISBN : 9789047419464

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Dispute Settlement in International Space Law by Gérardine Goh Pdf

Drawing on lessons learned in international law, juridical dispute settlement, entrepeneural efficiency, science and technology and space policy, this book offers a comprehensive insight into dispute settlement and proposes a workable and enforceable framework for dispute settlement concerning space activities.