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Third Party Dispute Settlement In An Interdependent World
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Book Synopsis Third Party Dispute Settlement in an Interdependent World by : Marcel Brus
Download or read book Third Party Dispute Settlement in an Interdependent World written by Marcel Brus and published by Martinus Nijhoff Publishers. This book was released on 1995-02-17 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Third Party Dispute Settlement in an Interdependent World by : Marcel M.T.A. Brus
Download or read book Third Party Dispute Settlement in an Interdependent World written by Marcel M.T.A. Brus and published by BRILL. This book was released on 2024-01-15 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Third Party Dispute Settlement in an Interdependent World by : Marcellinus Maria Theodorus Antonius Brus
Download or read book Third Party Dispute Settlement in an Interdependent World written by Marcellinus Maria Theodorus Antonius Brus and published by . This book was released on 1995 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Third Party Dispute Settlement in an Independent World by : Marcel M.T.A. Brus
Download or read book Third Party Dispute Settlement in an Independent World written by Marcel M.T.A. Brus and published by . This book was released on 1995 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Constructive Interventions by : L. Kirchhoff
Download or read book Constructive Interventions written by L. Kirchhoff and published by Kluwer Law International B.V.. This book was released on 2008-05-16 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the contemporary discipline of conflict resolution, adjudication and alternative dispute resolution (ADR) are often seen as antagonistic trends. This important book contends that, on the contrary, it is the bringing together of these trends that holds the most promise for an effective system of international justice. With great insight and passion, built firmly on a vast knowledge of the field, Lars Kirchhoff exposes the contemporary structural barriers to effective conflict resolution, defining where adjudication ends and ADR—and particularly the recent development of mediated third party intervention from an ‘art’ to a veritable ‘science’—must come into play. The work starts by defining the challenges, potentials and shortcomings of different approaches to conflict resolution in an interdependent world—where the multiplicity of actors, topics and interests involved even in seemingly bilateral conflict situations is clearly manifest—and goes on to define useful models and connect the various elements relevant for the resolution of conflicts in a transparent way. In the course of its investigation the book accomplishes the following: • illustrates the various departure points and perspectives scholars of conflict resolution have taken as the basis for their work; discusses who should become involved in conflicts as a third party and by which techniques this should occur; systematically conveys the nature and consequences of intervention through mediation, focusing on the method’s critical challenges; and clarifies the particular model of international mediation under development through UN initiatives. In approaching these intertwined topics, the author draws concrete conclusions for the realms of international law and related disciplines as well as for the organizational context of the United Nations. He explores such diverse scenarios as conflicts between States, conflicts involving international organizations, and—in accordance with the changing parameters of international law—even conflicts involving individuals, clarifying which constellations can be tackled by international mediation and which conflicts should be dealt with by other forms of diplomacy or adjudication. It is the conviction of many intermediaries and scholars that the considerable potential inherent in resolving conflicts peacefully is rarely put into practice. Although some of the reasons for this phenomenon are beyond the influence of scholarly debate, in many instances the reasons for failure of peaceful resolution processes are more structural or systemic in nature. It is the great virtue of this book that it establishes enough clarity in an unclear and complex field to make concrete and workable recommendations in these instances, and for that reason it will be of immeasurable value and benefit to all scholars, policymakers, and activists dedicated to the pursuit of peace.
Book Synopsis Self-Enforcing Trade by : Chad P. Bown
Download or read book Self-Enforcing Trade written by Chad P. Bown and published by Rowman & Littlefield. This book was released on 2010-02-01 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: The World Trade Organization—backbone of today's international commercial relations—requires member countries to self-enforce exporters' access to foreign markets. Its dispute settlement system is the crown jewel of the international trading system, but its benefits still fall disproportionately to wealthy nations. Could the system be doing more on behalf of developing countries? In Self-Enforcing Trade, Chad P. Bown explains why the answer is an emphatic "yes." Bown argues that as poor countries look to the benefits promised by globalization as part of their overall development strategy, they increasingly require access to the WTO dispute settlement process to protect their trading interests. Unfortunately, the practical realities of WTO dispute settlement as it currently stands create a number of hurdles that prevent developing countries from enjoying the trading system's full benefits. This book confronts these challenges. Self-Enforcing Trade examines the WTO's "extended litigation process," highlighting the tangle of international economics, law, and politics that participants must master. He identifies the costs that prevent developing countries from disentangling the self-enforcement process and fully using the WTO system as part of their growth strategies. Bown assesses recent efforts to help developing countries overcome those costs, including the role of the Advisory Centre on WTO Law and development focused NGOs. Bown's proposed Institute for Assessing WTO Commitments tackles the largest remaining obstacle currently limiting developing country engagement in the WTO's selfenforcement process—a problematic lack of information, monitoring, and surveillance.
Book Synopsis Dispute Settlement in International Space Law by : Gérardine Goh
Download or read book Dispute Settlement in International Space Law written by Gérardine Goh and published by BRILL. This book was released on 2007-06-30 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: The existence of international law, with its rights, rules and regulations is futile without an effective enforcement mechanism that provides a sufficient and adequate remedy. International space law is particularly significant in the evolution of international dispute settlement because it involves a consideration of issues from an international and interdisciplinary perspective. These issues range from policies of regional and international organizations; to juridical dispute settlement and global governance; to fiscal entrepreneurship and business efficacy; and to scientific breakthroughs and technological advances. In this context, this book looks at an international and interdisciplinary approach in dealing with dispute resolution in space activities. It proposes a workable legal framework for dispute resolution in outer space, together with a mechanism for enforcement and verification.
Book Synopsis Dispute Settlement in the UN Convention on the Law of the Sea by : Natalie Klein
Download or read book Dispute Settlement in the UN Convention on the Law of the Sea written by Natalie Klein and published by Cambridge University Press. This book was released on 2005-01-06 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 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.
Book Synopsis Reform and Development of the WTO Dispute Settlement System by : Dencho Georgiev
Download or read book Reform and Development of the WTO Dispute Settlement System written by Dencho Georgiev and published by Cameron May. This book was released on 2006 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: The review of the dispute settlement system of the WTO was written into the results of the Uruguay Round establishing the organization. The planned review after four years failed to reach a conclusion and the review process was extended several times, to be finally taken up as a separate part of the Doha Round.
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 seventh edition of this successful textbook on the techniques and institutions used to solve international disputes.
Book Synopsis International Dispute Settlement by : J. G. Merrills
Download or read book International Dispute Settlement written by J. G. Merrills and published by Cambridge University Press. This book was released on 2005-10-27 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: A completely updated edition of a definitive survey of the peaceful settlement of disputes - a key aspect of international law and international relations. Many methods of handling such disputes have been developed, and this book explains what the relevant techniques and institutions are, how they work and when they are used. Separate chapters cover the various diplomatic methods (negotiation, mediation, inquiry and conciliation), the legal methods (arbitration and judicial settlement), the special arrangements for disputes concerning trade or the law of the sea, and the role of the United Nations and regional organisations. The strengths and limitations of each method are illustrated with numerous examples taken from international practice. This new edition deals with many current developments, including the latest UN peace-keeping operations, the work of the WTO and of the International Tribunal for the Law of the Sea, and the latest case-law of the International Court of Justice.
Book Synopsis Constructive Interventions by : Lars Kirchhoff
Download or read book Constructive Interventions written by Lars Kirchhoff and published by Kluwer Law International B.V.. This book was released on 2008-01-01 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the contemporary discipline of conflict resolution, adjudication and alternative dispute resolution (ADR) are often seen as antagonistic trends. This important book contends that, on the contrary, it is the bringing together of these trends that holds the most promise for an effective system of international justice. With great insight and passion, built firmly on a vast knowledge of the field, Lars Kirchhoff exposes the contemporary structural barriers to effective conflict resolution, defining where adjudication ends and ADR--and particularly the recent development of mediated third party intervention from an 'art' to a veritable 'science'--must come into play. The work starts by defining the challenges, potentials and shortcomings of different approaches to conflict resolution in an interdependent world--where the multiplicity of actors, topics and interests involved even in seemingly bilateral conflict situations is clearly manifest--and goes on to define useful models and connect the various elements relevant for the resolution of conflicts in a transparent way. In the course of its investigation the book accomplishes the following: * illustrates the various departure points and perspectives scholars of conflict resolution have taken as the basis for their work; discusses who should become involved in conflicts as a third party and by which techniques this should occur; systematically conveys the nature and consequences of intervention through mediation, focusing on the method's critical challenges; and clarifies the particular model of international mediation under development through UN initiatives. In approaching these intertwined topics, the author draws concrete conclusions for the realms of international law and related disciplines as well as for the organizational context of the United Nations. He explores such diverse scenarios as conflicts between States, conflicts involving international organizations, and--in accordance with the changing parameters of international law--even conflicts involving individuals, clarifying which constellations can be tackled by international mediation and which conflicts should be dealt with by other forms of diplomacy or adjudication. It is the conviction of many intermediaries and scholars that the considerable potential inherent in resolving conflicts peacefully is rarely put into practice. Although some of the reasons for this phenomenon are beyond the influence of scholarly debate, in many instances the reasons for failure of peaceful resolution processes are more structural or systemic in nature. It is the great virtue of this book that it establishes enough clarity in an unclear and complex field to make concrete and workable recommendations in these instances, and for that reason it will be of immeasurable value and benefit to all scholars, policymakers, and activists dedicated to the pursuit of peace.
Book Synopsis International Commercial Arbitration by : A. J. van den Berg
Download or read book International Commercial Arbitration written by A. J. van den Berg and published by Kluwer Law International B.V.. This book was released on 2003-01-01 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: The collected papers in ICCA Congress Series no. 11, as reflected in its title, address important contemporary questions in international commercial arbitration. Included are contributions written by participants in the UNCITRAL Working Group on Arbitration and Conciliation on its current work on the requirement of a written form for an arbitration agreement, interim measures of protection and UNCITRAL?s Model Law on International Commercial Conciliation. Further contributions give leading practitioners? views on illegality in the formation and performance of contracts or in the conduct of the arbitration, examining questions on how the arbitral tribunal should deal with these vexed issues and how forgery and fraud may be detected. The factors that lead to acceptance by parties of the decisions of arbitrators are dealt with in contributions on the psychological aspects of dispute resolution. The volume concludes with a series of articles on arbitration under investment treaties written by experienced arbitrators and practitioners, with special emphasis on ICSID and NAFTA and the emerging issues of transparency, accountability and review. Contains lengthy articles on the ongoing work of UNCITRAL on proposed amendments to the UNCITRAL Model Law on International Commercial Arbitration and the recently adopted Model Law on International Commercial Conciliation Details the current thinking on the requirement of an arbitration agreement in writing and how this can be accommodated by the UNCITRAL Model Law and the 1958 New York Convention Addresses the granting of interim measures by arbitral tribunals and their enforcement by national and foreign courts Analyzes issues raised by illegality in the formation and performance of contracts and in the conduct arbitrations and provides a systematic overview of the answers given by legislation, arbitrators and courts Provides insight into the attitudes of arbitrators and parties regarding dispute settlement processes Addresses the changing public perception of arbitration under investment treaties
Book Synopsis International Law for Humankind by : Antônio Augusto Cançado Trindade
Download or read book International Law for Humankind written by Antônio Augusto Cançado Trindade and published by BRILL. This book was released on 2010-07-12 with total page 719 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is an updated and revised version of the General Course on Public International Law delivered by the Author at The Hague Academy of International Law in 2005. Professor Cançado Trindade, Doctor honoris causa of seven Latin American Universities in distinct countries, was for many years Judge of the Inter-American Court of Human Rights, and President of that Court for half a decade (1999-2004). He is currently Judge of the International Court of Justice; he is also Member of the Curatorium of The Hague Academy of International Law, as well as of the Institut de Droit International, and of the Brazilian Academy of Juridical Letters.
Book Synopsis Economic Conflicts and Disputes Before the World Court (1922-1995), a Functional Analysis by : Wellens
Download or read book Economic Conflicts and Disputes Before the World Court (1922-1995), a Functional Analysis written by Wellens and published by Martinus Nijhoff Publishers. This book was released on 2023-09-14 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: Everyone talks about the limitations of the judicial system in the context of international commercial disputes. But no one actually seems to address the possibilities for and appropriateness of judicial remedies in such disputes. This study examines how the International Court of Justice and its predecessor, the Permanent Court of International Justice, have dealt with economic disputes and arrives at highly interesting conclusions, challenging the widespread view that the Court is not an appropriate forum to handle economic disputes between states. While much depends on how one defines an `economic dispute', a comparison of the use of the court system versus the use of arbitration in such cases offers new insights. Among them: the observation that the once-clear distinctions between adjudication and arbitration are in fact diminishing, as evidenced, for example, in the use of the Chamber procedure of the International Court of Justice in a number of cases in recent years. The author sets out observations, conclusions, evaluations, and recommendations in a complete, straightforward fashion. The material is divided into easy-to-follow parts, each with concluding remarks. Paragraphs are separately labeled with bold headings to facilitate quick access to the information needed. This book enables scholars and practitioners to look at a critical issue in the field - the role or non-role of courts in certain international disputes - in an entirely new way, providing insightful material for thought, discussion, and practice.
Book Synopsis The Settlement of Disputes in International Law by : John G. Collier
Download or read book The Settlement of Disputes in International Law written by John G. Collier and published by Oxford University Press, USA. This book was released on 2000 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: For 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.
Book Synopsis Impediments to the Prevention and Intervention of Genocide by : Samuel Totten
Download or read book Impediments to the Prevention and Intervention of Genocide written by Samuel Totten and published by Transaction Publishers. This book was released on 2013-01-23 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Academics, NGOs, the United Nations, and individual nations are focused on the prevention and intervention of genocide. Traditionally, missions to prevent or intervene in genocide have been sporadic and under-resourced. The contributors to this volume consider some of the major stumbling blocks to the avoidance of genocide. Bartrop and Totten argue that realpolitik is the major impediment to the elimination of genocide. Campbell examines the lack of political will to confront genocide, and Theriault describes how denial becomes an obstacle to intervention against genocide. Loyle and Davenport discuss how intervention is impeded by a lack of reliable data on genocide violence, and Macgregor presents an overview of the influence of the media. Totten examines how the UN Convention on Genocide actually impedes anti-genocide efforts; and how the institutional configuration of the UN is itself often a stumbling block. Addressing an issue that is often overlooked, Travis examines the impact of global arms trade on genocide. Finally, Hiebert examines how international criminal prosecution of atrocities can impede preventive efforts, and Hirsch provides an analysis of the strengths, weaknesses, and effectiveness of major international and national prescriptions developed over the last decade. The result is a distinguished addition to Transaction’s prestigious Genocide Studies series.
