Interstate Disputes

Interstate Disputes

Author: Joseph F. Zimmerman

Publisher: State University of New York Press

Published: 2012-02-16

Total Pages: 246

ISBN-13: 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.


The Resolution of Inter-State Disputes in Civil Aviation

The Resolution of Inter-State Disputes in Civil Aviation

Author: Luping Zhang

Publisher: Oxford University Press

Published: 2022

Total Pages: 257

ISBN-13: 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"--


International Procedure in Interstate Litigation and Arbitration

International Procedure in Interstate Litigation and Arbitration

Author: Eric De Brabandere

Publisher: Cambridge University Press

Published: 2021-11-25

Total Pages: 445

ISBN-13: 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.


Interstate Disputes Over Krishna Waters

Interstate Disputes Over Krishna Waters

Author: Radha D'Souza

Publisher: Orient Blackswan

Published: 2006

Total Pages: 624

ISBN-13: 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


Back to the brink

Back to the brink

Author: Tim Sweijs

Publisher: The Hague Centre for Strategic Studies

Published: 2016-03-10

Total Pages: 69

ISBN-13: 9492102331

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Interstate border disputes in Africa and their resolution. The case of Ethiopia/Eritrea and Sudan/South Sudan

Interstate border disputes in Africa and their resolution. The case of Ethiopia/Eritrea and Sudan/South Sudan

Author: Pippie Hugues

Publisher: GRIN Verlag

Published: 2021-07-22

Total Pages: 111

ISBN-13: 3346444708

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Master's Thesis from the year 2018 in the subject Law - Miscellaneous, grade: A, University of Buea (faculty of laws and political science), course: LLM, language: English, abstract: The purpose of this research is to critically examine the resolution of interstate border disputes in Africa. In doing so, the disputes between Sudan and South Sudan over the Abyei and Heglig zones and the dispute between Ethiopia and Eritrea over Badme will be the main focus of the study. The main research question is: How effective are the laws and mechanisms put in place to resolve interstate border disputes in Africa? Africa as a continent is covered with a lot of interstate border disputes. It is true that international law has always considered as one of its fundamental purposes the maintenance of peace. Disputes are inevitable and no matter their nature, they are often accepted as a regular part of human relations. The major problem is always how to resolve them. The history of the African continent is characterized by interstate border disputes, which usually occurs around the border between two states, but also involve many other states. Most of the interstate disputes occur after the states become independent, when each becomes eager to know and secure its territorial boundaries with neighbours.


Paths to Peace: Conflict Management Trajectories in Militarized Interstate Disputes

Paths to Peace: Conflict Management Trajectories in Militarized Interstate Disputes

Author: Andrew P. Owsiak

Publisher:

Published: 2011

Total Pages:

ISBN-13:

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When multiple third-parties (states, coalitions, and international organizations) intervene in the same conflict, do their efforts inform one another? Anecdotal evidence suggests such a possibility, but research to date has not attempted to model this interdependence directly. The current project breaks with that tradition. In particular, it proposes three competing explanations of how previous intervention efforts affect current intervention decisions: a cost model (and a variant on it, a limited commitments model), a learning model, and a random model. After using a series of Markov transition (regime-switching) models to evaluate conflict management behavior within militarized interstate disputes in the 1946-2001 period, this study concludes that third-party intervention efforts inform one another. More specifically, third-parties examine previous efforts and balance their desire to manage conflict with their need to minimize intervention costs (the cost and limited commitments models). As a result, third-parties intervene regularly using verbal pleas and mediation, but rely significantly less frequently on legal, administrative, or peace operations strategies. This empirical threshold to the intervention costs that third-parties are willing to bear has strong theoretical foundations and holds across different time periods and third-party actors. Furthermore, the analysis indicates that the first third-party to intervene in a conflict is most likely to use a strategy designed to help the disputants work toward a resolution of their dispute. After this initial intervention, the level of third-party involvement declines and often devolves into a series of verbal pleas for peace. Such findings cumulatively suggest that disputants hold the key to effective conflict management. If the disputants adopt and maintain an extreme bargaining position or fail to encourage third-parties to accept greater intervention costs, their dispute will receive little more than verbal pleas for negotiations and peace.