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Author: Linda Singer
Publisher: Routledge
Published: 2019-09-27
Total Pages: 223
ISBN-13: 9780367319489
DOWNLOAD EBOOKWithin the past few years, innovative methods have been developed not only to settle disputes out of court but also to supplement or replace the means by which legislatures, businesses, communities, therapists, and schools handle conflicts that once could be resolved only by litigation or force. Settling Disputes serves as an essential guide to the
Author: Laurence Boisson de Chazournes
Publisher: Martinus Nijhoff Publishers
Published: 2012-10-12
Total Pages: 355
ISBN-13: 9004209980
DOWNLOAD EBOOKThe 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: Martin Patchen
Publisher: Durham [N.C.] : Duke University Press
Published: 1988
Total Pages: 392
ISBN-13:
DOWNLOAD EBOOKThe use of force and coercion to settle disputes between nations is a central problem of our time. Martin Patchen considers the circumstances that lead nations to use coercive means in disputes with other nations and also examines the effectiveness of other means of resolving international disputes. Patchen examines conflict and cooperation as general social processes and builds on previous work to present an overall theoretical framework that encompasses the conflict situation, perceptions of the adversary, decision-making, bargaining, and interaction and influence sequences.
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: 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: Natalie Klein
Publisher: Cambridge University Press
Published: 2005-01-06
Total Pages: 457
ISBN-13: 1139442538
DOWNLOAD EBOOKThe United Nations Convention on the Law of the Sea is one of the most important constitutive instruments in international law. Not only does this treaty regulate the uses of the world's largest resource, but it also contains a mandatory dispute settlement system - an unusual phenomenon in international law. While some scholars have lauded this development as a significant achievement, others have been highly sceptical of its comprehensiveness and effectiveness. This book explores whether a compulsory dispute settlement mechanism is necessary for the regulation of the oceans under the Convention. The requisite role of dispute settlement in the Convention is determined through an assessment of its relationship to the substantive provisions. Klein firstly describes the dispute settlement procedure in the Convention. She then takes each of the issue areas subject to limitations or exceptions to compulsory procedures entailing binding decisions, and analyses the interrelationship between the substantive and procedural rules.
Author: Wendy Davies
Publisher: Cambridge University Press
Published: 1992-04-23
Total Pages: 322
ISBN-13: 9780521428958
DOWNLOAD EBOOKThis is a collection of original essays on the settlement of disputes in the early middle ages, a subject of central importance for social and political history. Case material, from the evidence of charters, is used to reveal the realities of the settlement process in the behaviour and interactions of people - instead of the prescriptive and idealised models of law-codes and edicts. The book is not therefore a technical study of charters evidence. The geographical range across Europe is unusually wide, which allows comparison across differing societies. Frankish material is inevitably prominent, but the contributors have sought to integrate Celtic, Greek, Italian and Spanish material into the mainstream of the subject. Above all, the book aims to 'demystify' the study of early medieval law, and to present a radical reappraisal of established assumptions about law and society.
Author: Christopher Hodges
Publisher: Edward Elgar Publishing
Published: 2013-10-31
Total Pages: 336
ISBN-13: 178254691X
DOWNLOAD EBOOKRaising a series of questions on resolving mass disputes, and fuelling future debate, this book will provide a challenging and thought-provoking read for law academics, practitioners and policy-makers.
Author: Nong Hong
Publisher: Routledge
Published: 2012
Total Pages: 282
ISBN-13: 0415505275
DOWNLOAD EBOOKThis book project evaluates the applicability and effectiveness of UNCLOS as a settlement mechanism for addressing ocean disputes. Focus is placed on the South China Sea (SCS) dispute, one of the most complex and challenging ocean-related conflicts in the world. The book considers the internal coherence of the Law of the Sea Convention regime and its dispute settlement procedures. It looks at the participation in the UNCLOS negotiation, maritime legislation, and dispute settlement practice of relevant States party to the dispute. The book goes on to explore the relationship between UNCLOS and other regimes and institutions in general in the SCS, particularly in regard to maritime security, marine environment protection, oil and gas joint development and political interaction.
Author: S. M. G. Koopmans
Publisher: T.M.C. Asser Press
Published: 2008-06-26
Total Pages: 325
ISBN-13: 9789067042604
DOWNLOAD EBOOKVariations of conciliation are included in many instruments, particularly in multilateral agreements concerning the environment, human rights, international trade and investment protection. Conciliation is also used on an ad hoc basis for the resolution of disputes between States, such as in border conflicts. Nevertheless, the method is rarely studied in depth from either a legal or political aspect. Focusing on conciliation in a broad sense (including variations of mediation, inquiry and non-compliance mechanisms), Sven Koopmans offers a timely discussion of non-binding dispute settlement between States. The book argues that the lack of familiarity with conciliation both causes its popularity in treaties and its difficulties in practice. The author proposes a new way of looking at conciliation and at its potentials and restrictions, and assesses the usefulness of this way of settling disputes.
