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Author : Yoshifumi Tanaka
Publisher : Cambridge University Press
Page : 465 pages
File Size : 46,5 Mb
Release : 2018-01-11
Category : Law
ISBN : 9781107164277
This book offers students a clear and systematic overview of procedures for peaceful dispute settlement in international law.
Author : Yoshifumi Tanaka
Publisher : Cambridge University Press
Page : 465 pages
File Size : 47,9 Mb
Release : 2018-01-11
Category : Law
ISBN : 9781316732526
Addressing not only inter-state dispute settlement but also the settlement of disputes involving non-State actors, The Peaceful Settlement of International Disputes offers a clear and systematic overview of the procedures for dispute settlement in international law. In light of the diversification of dispute settlement procedures, traditional means of international dispute settlement are discussed alongside newly developing fields such as the dispute settlement system under the United Nations Convention on the Law of the Sea, the WTO dispute settlement systems, the peaceful settlement of international environmental disputes, intra-state disputes, mixed arbitration, the United Nations Compensation Commission, and the World Bank Inspection Panel. Figures are used throughout the book to help the reader to better understand the procedures and institutions of international dispute settlement, and suggestions for further reading support exploration of relevant issues. Suitable for postgraduate law and international relations students studying dispute settlement in international law and conflict resolution, this book helps students to easily grasp key concepts and issues.
Author : Hanspeter Neuhold
Publisher : BRILL
Page : 232 pages
File Size : 42,7 Mb
Release : 2015-12-04
Category : Law
ISBN : 9789004299931
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 : MaryEllen O'Connell
Publisher : Routledge
Page : 552 pages
File Size : 54,5 Mb
Release : 2017-07-05
Category : History
ISBN : 9781351562485
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 : J. G. Merrills
Publisher : Cambridge University Press
Page : 424 pages
File Size : 51,8 Mb
Release : 2005-10-27
Category : Law
ISBN : 1139448412
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 : Nicholas Sunday
Publisher : GRIN Verlag
Page : 38 pages
File Size : 43,9 Mb
Release : 2013-10-09
Category : Political Science
ISBN : 9783656514411
Scientific Essay from the year 2013 in the subject Politics - International Politics - Topic: Peace and Conflict Studies, Security, , language: English, abstract: Article 2, paragraph 3 of the UN Charter requires that: "All Members shall settle their international disputes by peaceful means in such a manner that international peace and security and justice are not endangered. The UN General Assembly, in adopting its 1982 Manila Declaration on the Peaceful Settlement of Disputes, emphasized the need to exert utmost efforts in order to settlement any conflicts and disputes between States exclusively by peaceful means’’ and that’’ the question of the peaceful settlement of disputes should represent one of the concerns for States and for the United Nations". In age of nuclear weapons, the importance of the principle of peaceful settlement of international disputes is apparent.
Author : John G. Collier,Vaughan Lowe
Publisher : Oxford University Press, USA
Page : 428 pages
File Size : 43,7 Mb
Release : 2000
Category : Law
ISBN : 0198299273
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 : 45,9 Mb
Release : 1992
Category : Law
ISBN : UOM:39015029249789
Author : J. G. Merrills
Publisher : Cambridge University Press
Page : 387 pages
File Size : 40,9 Mb
Release : 2011-03-17
Category : Law
ISBN : 9781139500128
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 : Cesare Romano
Publisher : Springer
Page : 472 pages
File Size : 42,7 Mb
Release : 2000-10-20
Category : Law
ISBN : STANFORD:36105060993156
Over the last two decades, environmental problems have been increasingly identified as potential sources of international instability or even direct threats to international peace and security. This phenomenon has been reflected in the growing proportion of multilateral environmental treaties which include dispute settlement clauses. At the same time, and increasingly since the beginning of the 1990s, international adjudication is going through a renaissance as more and more cases are submitted to an expanding number of international judicial fora. This unique study takes a pragmatic approach to determine under which conditions international adjudication, as currently structured, can effectively tackle the challenge of environmental degradation and the ensuing international disputes. It illustrates how multilateral environmental treaties have provided for the settlement of disputes that may arise from their implementation, with special attention given to so-called non-compliance procedures. Ten environmental disputes which have been the subject of international adjudication are examined in detail, explaining the origins of the dispute, how and why the case was brought before that particular jurisdiction, the proceedings, the judgement, and the aftermath of the case. To assess the effectiveness of adjudicative means, famous cases are revisited, including the Bering Sea Fur Seals, Trail Smelter, Lake Lanoux, Nauru Phosphates, Nuclear Tests, Danube, Meuse River, and Southern Bluefin Tuna cases, and the impact the judgements had on the original environmental problems examined.
Author : National Citizens' Commission (U.S.). Committee on Peaceful Settlement of Disputes
Publisher : Unknown
Page : 40 pages
File Size : 40,6 Mb
Release : 1965
Category : Arbitration (International law)
ISBN : IND:30000119764391
Author : Marcel Brus,Sam Muller,Serv Wiemers
Publisher : BRILL
Page : 166 pages
File Size : 50,5 Mb
Release : 2023-11-27
Category : Law
ISBN : 9789004637658
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 : Keith Suter
Publisher : Unknown
Page : 164 pages
File Size : 46,8 Mb
Release : 1986
Category : Arbitration (International law)
ISBN : UCSC:32106008386580
Author : Christian J Tams,Antonios Tzanakopoulos
Publisher : Bloomsbury Publishing
Page : 997 pages
File Size : 52,9 Mb
Release : 2022-09-29
Category : Law
ISBN : 9781509942220
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 : Philippe Couvreur
Publisher : Martinus Nijhoff Publishers
Page : 277 pages
File Size : 48,8 Mb
Release : 2016-12-15
Category : Law
ISBN : 9789004328860
The International Court of Justice and the Effectiveness of International Law, by Philippe Couvreur, Registrar of the ICJ, offers an account of the history and main achievements of the principal judicial organ of the United Nations, the only court with universal and general jurisdiction.