[PDF] Interstate Disputes eBook

Author : Joseph F. Zimmerman
Publisher : State University of New York Press
Page : 246 pages
File Size : 41,72 MB
Release : 2012-02-16
Category : Political Science
ISBN : 0791481417

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With respect to "controversies between two or more states," the U.S. Constitution grants original jurisdiction to the U.S. Supreme Court, and in 1789 Congress made exclusive the Court's jurisdiction over interstate disputes. In this book, Joseph F. Zimmerman examines the role of the Supreme Court in settling disputes between states, the criteria developed by the Court to determine whether its original jurisdiction should be invoked, and the function of special masters, who, as adjuncts to the Court, facilitate negotiated settlements or provide the factual information needed by the Court to render sound decisions. Zimmerman analyzes a wide range of specific disputes, from boundary lines to financial matters to water allocation, diversion, and pollution. To alleviate the Court's exceptionally heavy and critically important appellate workload, the author proposes alternative mechanisms for resolving controversies between sister states, including interstate boundary compacts, interstate regulatory compacts, and several congressional initiatives.

Author : Luping Zhang
Publisher : Oxford University Press
Page : 257 pages
File Size : 17,28 MB
Release : 2022
Category : Law
ISBN : 0192849271

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"This book investigates dispute resolution mechanisms in international civil aviation, with a primary focus on the functions of the International Civil Aviation Organization (ICAO) Council. The Convention on International Civil Aviation (Chicago Convention) has laid the foundation for dispute resolution mechanisms in international civil aviation, which led to the creation of ICAO. However, economic regulations have been left out from the Chicago Convention. Over the years there has been a proliferation of bilateral air services agreements (ASAs) and the multiplication of multilateral treaties. With the advancement of the aviation technology, this book considers whether dispute resolution mechanisms should be modernised, and if so, what form such modernisation might take. The book is divided into five chapters. Chapter I provides an introduction and defines the scope of the research. Chapter II is an empirical chapter, which traces the evolution of dispute resolution clauses under both multilateral air law treaties and bilateral ASAs with the most updated data collected to date. Chapter III analyses how disputes brought to the fora designated under the treaties in Chapter II are resolved in practice. The fourth chapter builds on the empirical evidence provided in Chapters II and III to critically assesses the political and legal means that are involved in the settlement of international aviation disputes. The final chapter proposes reforms on the basis of the lessons learnt in the previous chapters and introduces proposals for amending rules of procedures in ICAO as well as establishing a new arbitral institution"--

Author : Eric De Brabandere
Publisher : Cambridge University Press
Page : 445 pages
File Size : 36,32 MB
Release : 2021-11-25
Category : Law
ISBN : 1108963218

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The settlement of interstate disputes through recourse to courts and tribunals has grown gradually over the years, not only through the creation of new mechanisms to that effect, but also by using existing courts and tribunals. How these different international dispute settlement mechanisms operate in theory and practice is the subject of this comparative analysis by academic and practicing lawyers. The book takes stock of the procedure applicable in various interstate dispute settlement bodies, including international and regional courts and tribunals, and arbitration. This comparative view is essential to a better understanding of the strengths and weaknesses of the various procedural rules and regulations and the practical operation of international litigation. This book is aimed not only at scholars, but also at the courts and tribunals themselves, assisting them in revising their procedures, and at States and organisations developing future international legal mechanisms.

Author : Radha D'Souza
Publisher : Orient Blackswan
Page : 624 pages
File Size : 13,48 MB
Release : 2006
Category : Law
ISBN : 9788125029106

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" Contextualises the Krishna Water Disputes Tribunal allocating the waters of the river Krishna between the states of Maharashtra, Karnataka and Andhra Pradesh " Provides a new framework of analysis that may be extended to other developmental questions " Is the first critical analysis of interstate water conflicts within federal constitution in a developing country such as India " Integrates law and science into social theory and into development questions " Brings back the discourse of law and development with new theoretical insights that had receded after the late 1960s " Introduces the legal and institutional dimensions into the debate on large dams " Includes an insert map and foldout maps of the Krishna basin and sub-basins