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Author: Yoshifumi Tanaka
Publisher: Cambridge University Press
Published: 2018-01-11
Total Pages: 465
ISBN-13: 1107164273
DOWNLOAD EBOOKThis book offers students a clear and systematic overview of procedures for peaceful dispute settlement in international law.
Author: John G. Collier
Publisher: Oxford University Press, USA
Published: 2000
Total Pages: 428
ISBN-13: 9780198299271
DOWNLOAD EBOOKFor 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: United Nations. Codification Division
Publisher: New York : United Nations
Published: 1992
Total Pages: 268
ISBN-13:
DOWNLOAD EBOOKAuthor: Hanspeter Neuhold
Publisher: BRILL
Published: 2015-11-24
Total Pages: 232
ISBN-13: 9004299939
DOWNLOAD EBOOKThe Law of International Conflict deals with three key principles of modern international law that are related to each other from a policy-oriented perspective. The prohibition in the UN Charter has not stopped the threat or use of force, since the system of collective security of the World Organization still fails to effectively enforce it. On the other hand, the UN has developed peacekeeping operations, non-military sanctions, the international administration of territories, tribunals trying individuals for serious breaches of international humanitarian law and the concept of responsibility to protect. The prohibition of intervention, i.e. coercion below armed force, also poses numerous problems. The alternative, the peaceful settlement of disputes, can be achieved by various methods, all of which have advantages and shortcomings.
Author: MaryEllen O'Connell
Publisher: Routledge
Published: 2017-07-05
Total Pages: 552
ISBN-13: 1351562487
DOWNLOAD EBOOKThe 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: J. G. Merrills
Publisher: Cambridge University Press
Published: 2011-03-17
Total Pages: 387
ISBN-13: 1139500120
DOWNLOAD EBOOKA 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: Giovanni Distefano
Publisher: BRILL
Published: 2019-05-07
Total Pages: 991
ISBN-13: 9004396691
DOWNLOAD EBOOKFundamentals of Public International Law, by Giovanni Distefano, provides an overview of public international law’s main principles and fundamental institutions. By introducing the foundations of the legal reasoning underlying public international law, the extensive volume offers essential tools for any international lawyer, regardless of the specific field of specialization. Dealing expansively with subjects, sources and guarantees of international law, university students, scholars and practitioners alike will benefit from the book’s treatment of what has been called the “Institutes” of public international law.
Author: Emilia Justyna Powell
Publisher: Oxford University Press, USA
Published: 2019
Total Pages: 329
ISBN-13: 0190064633
DOWNLOAD EBOOK"Islamic Law and International Law is a comprehensive examination of differences and similarities between the Islamic legal tradition and international law, especially in the context of dispute settlement. Sharia embraces a unique logic and culture of justice--based on nonconfrontational dispute resolution--as taught by the Quran and the Prophet Muhammad. This book explains how the creeds of Islamic dispute resolution shape the Islamic milieu's views of international law. Is the Islamic legal tradition ab initio incompatible with international law, and how do states of the Islamic milieu view international courts, mediation, and arbitration? Islamic law constitutes an important part of the domestic legal system in many states of the Islamic milieu--Islamic law states--displacing secular law in state governance and affecting these states' contemporary international dealings. The book analyzes constitutional and subconstitutional laws in Islamic law states. The answer to the "Islamic law-international law nexus puzzle" lies in the diversity of how secular laws and religious laws fuse in domestic legal systems across the Islamic milieu. These states are not Islamic to the same degree or in the same way. Thus, different international conflict management methods appeal to different states, depending on each one's domestic legal system. The main claim of the book is that in many instances the Islamic legal tradition points in one direction while Western-based, secularized international law points in another direction. This conflict is partially softened by the reality that the Islamic legal tradition itself has elements fundamentally compatible with modern international law. Islamic legal tradition, international law, sharia settlement, peaceful dispute resolution"--
Author: Philippe Couvreur
Publisher: Martinus Nijhoff Publishers
Published: 2016-11-28
Total Pages: 277
ISBN-13: 9004328866
DOWNLOAD EBOOKThe International Court of Justice and the Effectiveness of International Law, by Philippe Couvreur, Registrar of the ICJ since 2000, offers an account of the history and main achievements of the principal judicial organ of the United Nations, the only court with universal and general jurisdiction. This book discusses the hopes and aims of creating a permanent, international tribunal for settling disputes between States, and the ICJ’s role in ensuring the effectiveness of the rule of law at the international level. Taking into account the characteristics of the international legal order, this work provides a description of the main achievements brought about in this respect by the creation of the ICJ; the basis and scope of its function as a judicial institution; its relationship with other means of settling disputes and its integration in the United Nations; and finally its substantial contribution in two areas of great significance for the promotion and strengthening of peaceful relations between States, namely the settlement of land and maritime disputes and the implementation of the law of State responsibility.
Author: Gregory Shaffer
Publisher: Cambridge University Press
Published: 2021-07-22
Total Pages: 345
ISBN-13: 1108495192
DOWNLOAD EBOOKThis book explains the rise of China, India, and Brazil in the international trading system, and the implications for trade law.
