International Dispute Settlement Room For Innovations

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International Dispute Settlement: Room for Innovations?

Author : Rüdiger Wolfrum
Publisher : Springer Science & Business Media
ISBN 13 : 3642349676
Total Pages : 443 pages
Book Rating : 4.6/5 (423 download)

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Book Synopsis International Dispute Settlement: Room for Innovations? by : Rüdiger Wolfrum

Download or read book International Dispute Settlement: Room for Innovations? written by Rüdiger Wolfrum and published by Springer Science & Business Media. This book was released on 2012-12-20 with total page 443 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Merrills' International Dispute Settlement

Author : John Merrills
Publisher : Cambridge University Press
ISBN 13 : 1108874983
Total Pages : 511 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis Merrills' International Dispute Settlement by : John Merrills

Download or read book Merrills' International Dispute Settlement written by John Merrills and published by Cambridge University Press. This book was released on 2022-03-10 with total page 511 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fully revised seventh edition of this successful textbook explains the legal and diplomatic methods and organisations used to solve international disputes, how they work and when they are used. It looks at diplomatic (negotiation, mediation, inquiry and conciliation) and legal methods (arbitration, judicial settlement). It uses many, up-to-date examples of each method in practice to place the theory of how the law works in real-life situations, demonstrating the strengths and weaknesses of different methods when they are used. Fully updated throughout, the seventh edition includes a new introduction explaining the common principles of settlement and a chapter on investor–state arbitration, as well as recommended further readings at the end of each chapter. It is an essential resource for advanced undergraduate and postgraduate courses on international dispute settlement.

Amicus Curiae before International Courts and Tribunals

Author : Astrid Wiik
Publisher : Nomos Verlag
ISBN 13 : 3845275928
Total Pages : 734 pages
Book Rating : 4.8/5 (452 download)

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Book Synopsis Amicus Curiae before International Courts and Tribunals by : Astrid Wiik

Download or read book Amicus Curiae before International Courts and Tribunals written by Astrid Wiik and published by Nomos Verlag. This book was released on 2018-03-19 with total page 734 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seit Ende der 90er Jahre wächst die Teilnahme von amici curiae in Verfahren vor internationalen Gerichten und Schiedsgerichten, obwohl Umfang, Funktion und Mehrwert des amicus curiae und die Folgen seiner Einbindung für Verfahren und die internationale Streitbeilegung kaum untersucht worden sind. Dieses Werk unternimmt eine umfassende empirische Bestandsaufnahme des Instruments in der völkerrechtlichen Streitbeilegung. Es definiert und ordnet das Instrument ein in das Völkerprozessrecht. Darüber hinaus prüft die Arbeit, ob die Teilnahme von amici curiae von Nutzen oder Schaden ist für Verfahren und inzident für die internationale Streitbeilegung insbesondere, ob amicus curiae Schriftsätze in Urteilen Berücksichtigung finden, und ob amici curiae effiziente Vertreter öffentlicher Interessen sind, die Legitimität und Transparenz internationaler Gerichte und ihrer Urteile erhöhen, und die Kohärenz der Völkerrechts stärken.

Provisional Measures before International Courts and Tribunals

Author : Cameron A. Miles
Publisher : Cambridge University Press
ISBN 13 : 1316776689
Total Pages : 591 pages
Book Rating : 4.3/5 (167 download)

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Book Synopsis Provisional Measures before International Courts and Tribunals by : Cameron A. Miles

Download or read book Provisional Measures before International Courts and Tribunals written by Cameron A. Miles and published by Cambridge University Press. This book was released on 2017-01-26 with total page 591 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the decision of the International Court of Justice in LaGrand (Germany v United States of America), the law of provisional measures has expanded dramatically both in terms of the volume of relevant decisions and the complexity of their reasoning. Provisional Measures before International Courts and Tribunals seeks to describe and evaluate this expansion, and to undertake a comparative analysis of provisional measures jurisprudence in a range of significant international courts and tribunals so as to situate interim relief in the wider procedure of those adjudicative bodies. The result is the first comprehensive examination of the law of provisional measures in over a decade, and the first to compare investor-state arbitration jurisprudence with more traditional inter-state courts and tribunals.

Chinese (Taiwan) Yearbook of International Law and Affairs, Volume 32 (2014)

Author : Ying-jeou Ma
Publisher : BRILL
ISBN 13 : 9004316558
Total Pages : 389 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Chinese (Taiwan) Yearbook of International Law and Affairs, Volume 32 (2014) by : Ying-jeou Ma

Download or read book Chinese (Taiwan) Yearbook of International Law and Affairs, Volume 32 (2014) written by Ying-jeou Ma and published by BRILL. This book was released on 2016-04-18 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Chinese (Taiwan) Yearbook of International Law and Affairs includes articles and international law materials relating to the Asia-Pacific and the Republic of China on Taiwan. This volume discusses issues pertaining to the ASEAN Community, East Asian FTAs and the South China Sea disputes. It provides a detailed account of Taiwan’s implementation of international human rights treaties and the government’s positions on the Diayutai/Senkaku Islands and high-level cross-strait negotiations. Authors should submit their manuscripts to the Yearbook via e-mail at [email protected].

New Zealand Yearbook of International Law

Author : Christian Riffel
Publisher : BRILL
ISBN 13 : 9004345914
Total Pages : 385 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis New Zealand Yearbook of International Law by : Christian Riffel

Download or read book New Zealand Yearbook of International Law written by Christian Riffel and published by BRILL. This book was released on 2018-05-15 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: The New Zealand Yearbook of International Law is an annual, internationally refereed publication intended to stand as a reference point for legal materials and critical commentary on issues of international law. The Yearbook also serves as a valuable tool in the determination of trends, state practice and policies in the development of international law in New Zealand, the Pacific region, the Southern Ocean and Antarctica and to generate scholarship in those fields. In this regard the Yearbook contains an annual ‘Year-in-Review’ of developments in international law of particular interest to New Zealand as well as a dedicated section on the South Pacific. This Yearbook covers the period 1 January 2016 to 31 December 2016.

Professional Ethics at the International Bar

Author : Arman Sarvarian
Publisher : OUP Oxford
ISBN 13 : 0191668834
Total Pages : 1705 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Professional Ethics at the International Bar by : Arman Sarvarian

Download or read book Professional Ethics at the International Bar written by Arman Sarvarian and published by OUP Oxford. This book was released on 2013-09-26 with total page 1705 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past twenty years, the volume of international litigation and arbitration has increased exponentially. As the number of new international courts and tribunals has proliferated, the diversity and volume of advocates appearing before the international courts has also increased. With this increase, the ethical standards that apply to counsel have become a growing field of interest to practitioners of public international law. Problems threatening the integrity of the international judicial process and concerns about divergent ethical standards amongst counsel have multiplied in the international judicial system, prompting early attempts by senior members of the 'international bar' to articulate common ethical standards. Professional Ethics at the International Bar examines the question of how to articulate common ethical standards for counsel appearing before international courts and tribunals, and the legal powers and practical ability of international courts to prescribe and enforce such standards. It conducts original research into both the theory and practice of the issues arising from this nascent process of professionalization. Using various sources, including interviews with judges, registrars, and senior practitioners, it argues that the professionalization of advocacy through the articulation of common ethical standards is both desirable and feasible in order to protect the integrity and fairness of the international judicial process.

The Difficult Task of Peace

Author : Francisco Rojas Aravena
Publisher : Springer Nature
ISBN 13 : 3030219747
Total Pages : 338 pages
Book Rating : 4.0/5 (32 download)

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Book Synopsis The Difficult Task of Peace by : Francisco Rojas Aravena

Download or read book The Difficult Task of Peace written by Francisco Rojas Aravena and published by Springer Nature. This book was released on 2019-09-05 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a holistic view on the topics of peace and conflict, peace education, international relations and regional studies during the end of the second decade of the twenty-first century. It collects the studies, experience and analysis of faculty members of the University for Peace presented in three sections: regional and institutional outlook, and common challenges and interventions. Some of the topics in this book include the complex concept of peace; governance and security in Africa; peace and conflict in the Middle East; maritime security conflicts in South China Sea, the European Union in a multipolar world, religious fundamentalism and violent extremism; food security, climate change; and participatory action research in the culture of peace. Scholars, capacity building trainers, policy makers, politicians, lawyers, and individuals interested in international affairs among others might find in this book a diverse academic source for further analysis in their respective fields.

Litigating the Environment

Author : Justine Bendel
Publisher : Edward Elgar Publishing
ISBN 13 : 1789901332
Total Pages : 305 pages
Book Rating : 4.7/5 (899 download)

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Book Synopsis Litigating the Environment by : Justine Bendel

Download or read book Litigating the Environment written by Justine Bendel and published by Edward Elgar Publishing. This book was released on 2023-06-01 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing an insightful contribution to literature on the topic, this book scrutinises how international courts and tribunals may respond procedurally to an ever-growing list of environmental disputes. In a time of environmental crisis, it lays crucial groundwork for strengthening the application of international environmental law, a topic of increasing relevance for global civil society.

The Statute of the International Court of Justice

Author : Andreas Zimmermann
Publisher : Oxford University Press, USA
ISBN 13 : 0199692998
Total Pages : 1798 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis The Statute of the International Court of Justice by : Andreas Zimmermann

Download or read book The Statute of the International Court of Justice written by Andreas Zimmermann and published by Oxford University Press, USA. This book was released on 2012-10-11 with total page 1798 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Court of Justice is the principal judicial organ of the United Nations and plays a central role in the settlement of disputes and the development of international law. This commentary analyses the Statute of the Court and the related provisions of the UN charter and the Court's Rules of Procedure.

The Rule of Unwritten International Law

Author : Peter G. Staubach
Publisher : Routledge
ISBN 13 : 1351207296
Total Pages : 457 pages
Book Rating : 4.3/5 (512 download)

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Book Synopsis The Rule of Unwritten International Law by : Peter G. Staubach

Download or read book The Rule of Unwritten International Law written by Peter G. Staubach and published by Routledge. This book was released on 2018-04-17 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book seeks to re-appreciate the concept of customary international law as a form of spontaneous societal self-organisation, and to develop the methodological consequences that ensue from this conception for the practice of its application. In pursuing this aim, the author draws from three different strands of scholarship that have not yet been considered in connection with one another: First, general jurisprudential theories of customary law; second, theories of customary international law, especially as they relate to international relations scholarship; and third, methodological approaches to the interpretation of international law. This expansive, philosophical layout of the book enables the author to put the conceptual enigmas of customary international law into a broader perspective. Among the issues discussed in the book are the dichotomy of its traditional and modern forms and the respective benefits and disadvantages of inductive and deductive approaches to its ascertainment. In the course of this analysis, the author draws insights from Friedrich August Hayek’s theory of law as a ‘spontaneous order’, an information-processing device which enables the participants of a legal system to make use of decentralised knowledge. The book argues that the major advantage of custom as a source of international law lies in the fact that it is the result of a gradual process of trial and error, rather than the product of deliberate planning. This makes it a particularly apposite source of law in a time of seismic shifts in the distribution of power within a vastly diverse community of States, when a new global order is expected to emerge, the contours of which are not yet clearly discernible. This book applies general concepts of legal philosophy to explain the continuing relevance of custom as a source of international law while at the same time inferring from this theoretical framework concrete practical and methodological consequences, the most important of which is the special role that purposive interpretation plays with respect to rules of international custom. Given this broad approach, the book will be of interest to several groups of potential readers including academics interested in the philosophy of customary law in general, academic international lawyers and legal practitioners, especially judges, scholars of international relations and all those interested in how the international community of States organises itself.

The Rule of Law at the National and International Levels

Author : Machiko Kanetake
Publisher : Bloomsbury Publishing
ISBN 13 : 1782256164
Total Pages : 466 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis The Rule of Law at the National and International Levels by : Machiko Kanetake

Download or read book The Rule of Law at the National and International Levels written by Machiko Kanetake and published by Bloomsbury Publishing. This book was released on 2016-04-21 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims to enhance understanding of the interactions between the international and national rule of law. It demonstrates that the international rule of law is not merely about ensuring national compliance with international law. International law and institutions (eg, international human rights treaty-monitoring bodies and human rights courts) respond to national contestations and show deference to the national rule of law. While this might come at the expense of the certainty of international law, it suggests that the international rule of law can allow for flexibility, national diversity and pluralism. The essays in this volume are set against the background of increasing conflict between international and national legal norms. Moreover the book shows that international law and institutions do not always command blind national obedience to international law, but incorporate a process of adjustment and deference to national law and policies that are protected by the rule of law at the national level.

UN Convention on the Law of the Sea and the South China Sea

Author : Shicun Wu
Publisher : Routledge
ISBN 13 : 1317005627
Total Pages : 364 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis UN Convention on the Law of the Sea and the South China Sea by : Shicun Wu

Download or read book UN Convention on the Law of the Sea and the South China Sea written by Shicun Wu and published by Routledge. This book was released on 2016-03-09 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: Research on The United Nations Convention on the Law of the Sea (UNCLOS) is a valuable addition to understanding the political situation in the potentially volatile South China Sea region. This book covers topics such as baselines, historic title and rights, due regard and abuse of rights, peaceful use of the ocean, navigation regimes, marine scientific research, intelligence gathering, the UNCLOS dispute settlement system and regional common heritage. In search of varying viewpoints, the authors in this book come from multiple countries, including the Philippines, Australia, Ireland, Mainland China and Taiwan, the United States, and Indonesia, Singapore, UK and Germany. Ongoing events, such as the recent waves made by China in the East China Sea and increasing tensions between the South East Asian countries over the use of South China Sea, make this book especially pertinent.

The Environmental Rule of Law for Oceans

Author : Froukje Maria Platjouw
Publisher : Cambridge University Press
ISBN 13 : 100925376X
Total Pages : 415 pages
Book Rating : 4.0/5 (92 download)

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Book Synopsis The Environmental Rule of Law for Oceans by : Froukje Maria Platjouw

Download or read book The Environmental Rule of Law for Oceans written by Froukje Maria Platjouw and published by Cambridge University Press. This book was released on 2023-02-28 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: A forward-looking perspective on how law should evolve to better protect and preserve our oceans.

"L’être situé", Effectiveness and Purposes of International Law

Author : Shotaro Hamamoto
Publisher : BRILL
ISBN 13 : 9004294287
Total Pages : 319 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis "L’être situé", Effectiveness and Purposes of International Law by : Shotaro Hamamoto

Download or read book "L’être situé", Effectiveness and Purposes of International Law written by Shotaro Hamamoto and published by BRILL. This book was released on 2015-05-26 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: The traditional and mainstream conception of international law presupposes a certain ideal type of State. However, each State is situated in a particular context – an Etat situé – and the universal, impartial and non-discriminatory application of international law to each State often produces unjustifiable results in the real world. International law thus needs to cope with this existential question in order to ensure and maintain the effectiveness of the international legal order, without, however, being trapped by a nihilistic relativism. This approach requires a flexible understanding and reconstruction of the international law-making theory. The present collection of essays gathers contributions written in honour of Professor Ryuichi Ida by his colleagues and former students, inspired by the dédicataire, who places particular emphasis upon the context, effectiveness and purposes of international law. The dédicataire’s perspective finds wide ranging applications and the present collection deals with international economic law, international criminal law, international environmental law, international law-making, the law of State responsibility and the law of international organizations. Contributors are: Tatsuya Abe, Pierre-Marie Dupuy, Shotaro Hamamoto, Machiko Kanetake, Tomohiko Kobayashi, Tomonori Mizushima, Hironobu Sakai, Akiho Shibata, Mari Takeuchi, Dai Tamada, Sakda Thanitcul, Zhi-an Wang, and Takuhei Yamada.

Towards Consistency in International Investment Jurisprudence

Author : Katharina Diel-Gligor
Publisher : BRILL
ISBN 13 : 9004337911
Total Pages : 614 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Towards Consistency in International Investment Jurisprudence by : Katharina Diel-Gligor

Download or read book Towards Consistency in International Investment Jurisprudence written by Katharina Diel-Gligor and published by BRILL. This book was released on 2017-05-22 with total page 614 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investor-State arbitration is currently a much-debated topic, both within the legal community and in the public at large. In Towards Consistency in International Investment Jurisprudence, Katharina Diel-Gligor addresses the alleged proliferation of inconsistent decision-making in this field – one of the main points of concern raised in the ongoing discussions. After exploring whether such criticism is appropriate at all, she goes on to examine the different causes, forms, and manifestations of the inconsistencies that exist through a detailed analysis of ICSID arbitration. The author then canvasses possible approaches to reform and concludes that an ICSID preliminary ruling system – the practicalities of which are set out in the study – is a suitable means for enhancing consistency in investment arbitration and moving towards a jurisprudence constante.

Effective Domestic Remedies and the European Court of Human Rights

Author : Michael Reiertsen
Publisher : Cambridge University Press
ISBN 13 : 1009182463
Total Pages : 365 pages
Book Rating : 4.0/5 (91 download)

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Book Synopsis Effective Domestic Remedies and the European Court of Human Rights by : Michael Reiertsen

Download or read book Effective Domestic Remedies and the European Court of Human Rights written by Michael Reiertsen and published by Cambridge University Press. This book was released on 2022-08-25 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Malone v. UK (Plenary 1984), the right to an effective domestic remedy in the European Convention on Human Rights Article 13 was famously described as one of the most obscure clauses in the Convention. Since then, the European Court of Human Rights has reinforced the scope and application of the right. Through an analysis of virtually all of the Court's judgments concerning Article 13, the book exhaustively accounts for the development and current scope and content of the right. The book also provides normative recommendations on how the Court could further develop the right, most notably how it could be a tool to regulate the relationship between domestic and international protection of human rights. In doing so, the book situates itself within larger debates on the enforcement of the entire Convention such as the principle of subsidiarity and the procedural turn in the Court's case law.