[PDF] Settlements Of International Disputes eBook

Author : J. G. Merrills
Publisher : Cambridge University Press
Page : 387 pages
File Size : 34,34 MB
Release : 2011-03-17
Category : Law
ISBN : 1139500120

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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 : John G. Collier
Publisher : Oxford University Press, USA
Page : 428 pages
File Size : 43,37 MB
Release : 2000
Category : Law
ISBN : 9780198299271

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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 : Yoshifumi Tanaka
Publisher : Cambridge University Press
Page : 465 pages
File Size : 43,28 MB
Release : 2018-01-11
Category : Law
ISBN : 1107164273

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

Author : Nicholas Sunday
Publisher : GRIN Verlag
Page : 41 pages
File Size : 27,70 MB
Release : 2013-10-09
Category : Political Science
ISBN : 3656514410

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Scientific Essay from the year 2013 in the subject Politics - Topic: Peace and Conflict, 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 : Laurence Boisson de Chazournes
Publisher : Martinus Nijhoff Publishers
Page : 355 pages
File Size : 31,31 MB
Release : 2012-10-12
Category : Political Science
ISBN : 9004209980

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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 : MaryEllen O'Connell
Publisher : Routledge
Page : 552 pages
File Size : 29,31 MB
Release : 2017-07-05
Category : History
ISBN : 1351562487

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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 : Alessandro Chechi
Publisher :
Page : 385 pages
File Size : 34,31 MB
Release : 2014
Category : Law
ISBN : 0198703996

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The past forty years have seen a wide proliferation of an extensive range of disputes under international law concerning cultural heritage. These disputes can concern a disparate variety of issues. A substantial number of have concerned the restitution of stolen and illegally exported art objects. Another set of controversies has involved the protection of immovable cultural heritage. Unlike other fields of international law, international cultural heritage law does not have an ad hoc mechanism of dispute settlement. As a result, controversies are to be settled through negotiation or, if this fails, through existing dispute resolution means, which include arbitration and litigation before domestic courts or international tribunals. This ad hoc fashion of dealing with disputes is not without consequences. The most serious problem is that the same or similar cases may be settled in different ways, thereby bringing about an incoherent and fragmentary enforcement of the law. This book offers a comprehensive and innovative analysis of the settlement of cultural heritage disputes. It addresses the means the potential fragmentation can be resolved by providing a two-fold analysis. First, it provides a detailed analysis of the existing legal framework and the available means of judicial and non-judicial dispute settlement. Second, it explores the feasibility of two solutions for overcoming the lack of a specialized forum. The first potential solution is the establishment of a new international court. The second concerns existing judicial and extra-judicial fora and means of increasing interaction between them by the practice of 'cross-fertilization'. The book focuses on the substance of such interaction, and identifies a number of culturally-sensitive parameters which need to apply (the 'common rules of adjudication'). Ultimately the book argues that existing judicial and non-judicial fora should adopt a cross-fertilizing perspective to use and disseminate jurisprudence containing these common rules of adjudication, to enhance the effectiveness and coherence of their decision-making processes. Finally, it sets out how such an approach would be conducive to the development of a wider body of international cultural heritage law.

Author : Christian J Tams
Publisher : Bloomsbury Publishing
Page : 997 pages
File Size : 15,18 MB
Release : 2022-09-29
Category : Law
ISBN : 150994222X

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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 : Anselmo Reyes
Publisher : Cambridge University Press
Page : 545 pages
File Size : 23,32 MB
Release : 2021-12-16
Category : Law
ISBN : 1108490603

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Provides a comprehensive global survey on multi-tier dispute resolution, examining its trends, its strengths and weaknesses, and the way forward.

Author : M. Sornarajah
Publisher : Springer
Page : 0 pages
File Size : 40,71 MB
Release : 2000-11-08
Category : Law
ISBN : 9789041114358

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Disputes arising from foreign investment activities are on the increase, and with them a growing awareness among practitioners of a greater variety of settlement methods than most legal analyses have dealt with heretofore. With the experience gained in recent years from a broad spectrum of successful negotiation, arbitration, and litigation techniques, it is possible to derive a comprehensive, critical survey of the principal methods of settling foreign investment disputes. This outstanding book masterfully provides such a survey. The Settlement of Foreign Investment Disputes in International Law treats the subject systematically, dealing first with the internal balances within modern foreign investment contracts, the complexities that arise due to state participation or interference in these contracts, and the stances that are taken when disputes arise. It goes on to examine, in turn, the main issues involved in negotiation, arbitration, and judicial settlement as the methods of settling foreign investment disputes, discussing the controversial themes in each of these methods in detail. Recognizing that the focus of attention is shifting to the misconduct of multinational corporations, the last chapter contains a discussion of the role of domestic courts.