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Author: J. G. Merrills Publisher: Cambridge University Press ISBN: 1139500120 Category : Law Languages : en Pages : 387
Book Description
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: J. G. Merrills Publisher: Cambridge University Press ISBN: 1139500120 Category : Law Languages : en Pages : 387
Book Description
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 ISBN: 9780198299271 Category : Law Languages : en Pages : 428
Book Description
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: Laurence Boisson de Chazournes Publisher: Martinus Nijhoff Publishers ISBN: 9004209980 Category : Political Science Languages : en Pages : 355
Book Description
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: American Society for Judicial Settlement of International Disputes Publisher: ISBN: Category : Arbitration (International law) Languages : en Pages : 216
Author: Edward McWhinney Publisher: BRILL ISBN: 900464072X Category : Business & Economics Languages : en Pages : 209
Book Description
The record of the International Court of Justice and its predecessor, the old Permanent Court of International Justice, extends back now for about three quarters of a century. During that time the Court has been transformed from a Western (Eurocentric) tribunal in terms both of its judges and also the disputes it was called on to resolve, to an institution broadly representative of the layered, pluralistic world community of today. This is reflected in the fiercely contested battles for election to the Court or the regular triennial elections, and also in the angry denunciations of the Court as a `political' tribunal rendering `political' decisions, launched by some national foreign Ministry spokesmen in reaction to Court judgments involving their own states or what they consider as their own vital interests. Within the Court's ranks in recent years there has been a marked philosophical division between those judges (usually from Western or Western-influenced states) who have sought to maintain traditional positivist, strict construction (`neutral') approaches, and those who would in American legal Realist-style, essay a more frankly critical, liberal activist rôle in the up-dating or re-making of old legal doctrines inherited from earlier eras in international relations. The intellectual-legal conflicts within the Court are canvassed in some of the major political-legal cases of recent years (South West Africa and Namibia; Nuclear Tests; Western Sahara; Nicaragua v. US). The contemporary rôle of the Court and its relation to and cooperation with other principal United Nations (especially the General Assembly) organs, in World Community problem-solving, are fully explored, in terms of the potential problems but also the opportunities and challenges for the Court and its judges today in an historical era of transition and rapid change in the World Community.
Author: MaryEllen O'Connell Publisher: Routledge ISBN: 1351562487 Category : History Languages : en Pages : 552
Book Description
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: Jonathan Warne Publisher: Bloomsbury Professional ISBN: 9781847661340 Category : Arbitration and award, International Languages : en Pages : 0
Book Description
The world of dispute resolution made clear International Commercial Dispute Resolution is a new title that reflects the way in which the litigation arena has changed over recent years. Cross-border business relationships and the present economic climate have markedly increased the potential for commercial disputes to arise between parties in different jurisdictions, and clients are increasingly looking for the most time and cost effective way of resolving disputes. Expert advice from leading practitioners in 24 jurisdictions With contributions from leading practitioners, this practical book looks at dispute resolution in 24 jurisdictions that represent the world s major international trade centres and developing legal systems. User-friendly and practical structure Each chapter is devoted to a different jurisdiction and follows the same structure. It provides a practical summary of the relevant legal systems and offers an insight into the manner in which each jurisdiction seeks to resolve commercial disputes, both through traditional court proceedings and alternative dispute resolution techniques Written by leading local practitioners, each chapter opens with a round-up of the key issues that you will need to consider when dealing with this country, and includes flowcharts summarising the procedural stages of litigation This book is an essential addition to the bookshelf of every international litigator 5 key reasons why you need this book * Covers 24 key jurisdictions throughout the world * Provides an authoritative overview from leading local practitioners * Includes flow charts summarising the procedural stages of litigation * Highlights the key issues that must be considered when dealing with each jurisdiction * Covers traditional court proceedings and alternative dispute resolution techniques 24 jurisdictions covered- Australia; Bermuda; Brazil; Canada; Cayman Islands; China; Czech Republic; England & Wales; France; Germany; Guernsey; Hong Kong; India; Japan; Je
Author: Alessandro Chechi Publisher: ISBN: 0198703996 Category : Law Languages : en Pages : 385
Book Description
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: J. G. Merrills
Author: J. G. Merrills
Author: John G. Collier
Author: Laurence Boisson de Chazournes
Author: United Nations. Codification Division
Author: American Society for Judicial Settlement of International Disputes
Author: Edward McWhinney
Author: A. O. Adede
Author: MaryEllen O'Connell
Author: Jonathan Warne
Author: Alessandro Chechi