International Dispute Settlement

  • Filename: international-dispute-settlement.
  • ISBN: 9781139500128
  • Release Date: 2011-03-17
  • Number of pages:
  • Author: J. G. Merrills
  • Publisher: Cambridge University Press



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.

International Dispute Settlement

  • Filename: international-dispute-settlement.
  • ISBN: 0754622363
  • Release Date: 2003
  • Number of pages: 521
  • Author: Mary Ellen O'Connell
  • Publisher: Dartmouth Publishing Company



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.

International Dispute Settlement Room for Innovations

  • Filename: international-dispute-settlement-room-for-innovations.
  • ISBN: 9783642349676
  • Release Date: 2012-12-20
  • Number of pages: 450
  • Author: Rudiger Wolfrum
  • Publisher: Springer Science & Business Media



This publication succeeds previously published seminars of the Max Planck Institute for Comparative Public Law and International Law (Heidelberg, Germany) dealing with evolving principles and new developments in international law. Due to the limits of traditional dispute settlement in international law and the ongoing scholarly debate on those limits, it focuses on possible innovations and functional approaches to improve international dispute settlement mechanisms. In doing so, it covers a wide variety of topics such as procedures of the WTO, advisory opinions of international courts and tribunals, the privatization of international dispute settlement, the interaction between counsels and international courts and tribunals, and the law-making function of international courts. The aim of this publication is to contribute to the cross-fertilization between these mechanisms and to offer creative impulses for the promotion of international dispute settlement.

How effective is international dispute settlement

  • Filename: how-effective-is-international-dispute-settlement.
  • ISBN: 9783656027119
  • Release Date: 2011-10-12
  • Number of pages: 3
  • Author: Natalie Züfle
  • Publisher: GRIN Verlag



Essay from the year 2008 in the subject Law - European and International Law, Intellectual Properties, grade: 1,8, Free University of Berlin (Center for Global Politics), course: International Law, language: English, abstract: The weakness of the dispute settlement mechanisms in international law cannot be denied. However, the number of cases to be regulated is rising and judgments are followed quite often, especially in the globalized and interdependent world.

Dispute Settlement in International Space Law

  • Filename: dispute-settlement-in-international-space-law.
  • ISBN: 9789004155459
  • Release Date: 2007
  • Number of pages: 405
  • Author: Gérardine Meishan Goh
  • Publisher: Martinus Nijhoff Publishers



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.

The Settlement of International Disputes

  • Filename: the-settlement-of-international-disputes.
  • ISBN: 9041105670
  • Release Date: 1998-02-18
  • Number of pages: 225
  • Author: Nii Lante Wallace-Bruce
  • Publisher: Martinus Nijhoff Publishers



The first part of this book deals with the general principles relating to international disputes settlement. It starts by looking at the nature of an international dispute in contemporary international law, and by discussing the principles governing the ascertainment of the existence of an international dispute. It then moves on to a consideration of the diplomatic means of an international dispute settlement. The book not only focuses on the peaceful means, but also considers other means, in particular countermeasures. A separate chapter is devoted to the International Court of Justice, enabling in-depth treatment of the issues. The book critically analyses the cases in which Australia and New Zealand have been involved, first as applicants, and then as respondents, thereby assessing the contributions made by these two countries to the development of the law relating to international disputes settlement.

The Settlement of Disputes in International Law

  • Filename: the-settlement-of-disputes-in-international-law.
  • ISBN: 0198299273
  • Release Date: 2000
  • Number of pages: 395
  • Author: John G. Collier
  • Publisher: Oxford University Press on Demand



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. It examines non-judicial procedures such as negotiation, mediation, fact-finding, as well as judicial procedures. The emerging principles of procedural law applied in these tribunals are also discussed.

The Settlement of International Disputes

  • Filename: the-settlement-of-international-disputes.
  • ISBN: 9781782250012
  • Release Date: 2012-09-10
  • Number of pages: 858
  • Author: Christian Tams
  • Publisher: Bloomsbury Publishing



This collection of documents brings together a large number of primary sources on the peaceful settlement of disputes in a usable and affordable format. The documents included reflect the diverse techniques of international dispute settlement, as recognised in Articles 2(3) and 33 of the UN Charter, such as negotiation, mediation, arbitration and adjudication. The book comprises the most relevant multilateral treaties establishing dispute settlement regimes, as well as examples of special agreements, compromissory clauses, optional clause declarations and relevant resolutions of international organisations. It covers both diplomatic and adjudicative methods of dispute settlement and follows a basic division between general dispute settlement mechanisms, and sectoral regimes in fields such as human rights, WTO law, investment, law of the sea, environmental law and arms control. The book is the first widely-available collection of key documents on dispute settlement. It is aimed at teachers, students and practitioners of international law and related disciplines.

The WTO Dispute Settlement System 1995 2003

  • Filename: the-wto-dispute-settlement-system-1995-2003.
  • ISBN: 9789041122322
  • Release Date: 2004
  • Number of pages: 607
  • Author: Federico Ortino
  • Publisher: Kluwer Law International



In its ten years of existence, the World Trade Organization (WTO) dispute settlement system has continued to differentiate itself in many ways from more conventional international judicial proceedings such as those before the International Court of Justice (ICJ) or regional integration courts. The regular participation of third parties, the emphasis at all levels of the ¿ordinary meaning¿ of the text of WTO rules, and the raft of proposed amendments to the Dispute Settlement Understanding (DSU) all characterise WTO jurisprudence. In twenty-six incisive contributions, this book covers both the ¿legislative¿ and ¿(quasi) judicial¿ activities encompassed by the WTO dispute settlement system. Essays concerned with rules emphasise proposed improvements and clarifications in such areas as special and differential treatment of less-developed countries, surveillance of implementation, compensation, and suspension of concessions. Other contributions discuss such jurisprudential and practical issues as discrimination, trade-related environmental measures, subsidies and countervailing measures, and trade-related intellectual property rights. The authors refer frequently to the panel, Appellate Body and arbitration reports, a chronological list of which appears as an annex. The contributors include WTO arbitrators, members of the WTO Appellate Body, WTO panelists, and academics from a broad spectrum of countries engaged as legal advisers by the WTO, by governments, or by non-governmental organisations. More than a mere snapshot of the current status of the WTO dispute settlement system, this outstanding work represents a comprehensive analysis that brings a fast-moving and crucially significant body of international law into sharp focus.

The Gatt Wto Dispute Settlement System

  • Filename: the-gatt-wto-dispute-settlement-system.
  • ISBN: 9041109331
  • Release Date: 1997-02-11
  • Number of pages: 344
  • Author: Ernst-Ulrich Petersmann
  • Publisher: Martinus Nijhoff Publishers



The GATT and WTO dispute settlement systems have become the most frequently used international mechanisms for the settlement of trade disputes among governments. The 1994 Agreement Establishing the WTO introduced a historically unprecedented new dispute settlement procedure for conflicts involving trade in goods and services, trade-related investment measures, and intellectual property rights. This procedure provided for the compulsory jurisdiction of the WTO Dispute Settlement Body, WTO Panels, and the WTO Appellate Body. The first 18 months from the time the WTO Agreement came into force on 1 January 1995 witnessed more than 50 invocations of the new dispute settlement procedures by a large number of countries, including many from the developing world. This large response, and the proposals for further extending the scope of WTO law, suggest that the WTO dispute settlement system will continue to be the most frequently applied, worldwide systems for the legal settlement of trade disputes among governments. This book provides students, lawyers and diplomats a thought-provoking and practice-oriented analysis of the GATT/WTO dispute settlement rules, procedures, and problems. The Annexes include a useful collection of relevant texts and tables of past GATT and WTO case law.

Reshaping the Investor State Dispute Settlement System

  • Filename: reshaping-the-investor-state-dispute-settlement-system.
  • ISBN: 9789004291102
  • Release Date: 2015-02-12
  • Number of pages: 1044
  • Author: Jean E. Kalicki
  • Publisher: Hotei Publishing



In Reshaping the Investor-State Dispute Settlement System, Jean E. Kalicki and Anna Joubin-Bret offer a broad compendium of practical suggestions for reform of the current system of resolving international investment treaty disputes through arbitration.

Third Party Dispute Settlement in an Interdependent World

  • Filename: third-party-dispute-settlement-in-an-interdependent-world.
  • ISBN: 079233423X
  • Release Date: 1995-02-17
  • Number of pages: 262
  • Author: Marcel Brus
  • Publisher: Martinus Nijhoff Publishers



The central theme of this book is the strengthening of the legitimacy and integrity of international law in the post-Cold War, interdependent international community. The investigation focuses on the relationship between international decision-making procedures, in particular compulsory third party dispute settlement, and legitimacy and integrity as perceived by states and other international actors. It starts with a description of recent developments with regard to dispute settlement in the law of the sea, GATT/WTO, Antarctica, and global environmental protection. Compulsory third-party dispute settlement has been accepted in treaty regimes in these fields as it is indispensable in safeguarding the legitimacy and integrity of such regimes. The focus then shifts to an extensive analysis of changes in the international community in general, and their consequences for the international legal system. By focusing on legitimacy and integrity, and by providing a theoretical framework in which these concepts can be applied, this book contributes significantly to the discussion of the theoretical foundations of international law. The author is winner of the 1995 Award of the Foundation Praemium Erasmianum, Amsterdam.

Diplomatic and Judicial Means of Dispute Settlement

  • Filename: diplomatic-and-judicial-means-of-dispute-settlement.
  • ISBN: 9789004209985
  • Release Date: 2012-10-12
  • Number of pages: 356
  • Author: Laurence Boisson de Chazournes
  • Publisher: Martinus Nijhoff Publishers



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.

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