Download or read book International Dispute Settlement in an Evolving Global Society written by Francisco Orrego Vicuña and published by Cambridge University Press. This book was released on 2004-11-25 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Lauterpacht Research Centre for International Law, University of Cambridge."--T.p.

Download or read book International Dispute Settlement written by J. G. Merrills and published by Cambridge University Press. This book was released on 2017-04-06 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fully updated sixth edition of this successful textbook explains the legal and diplomatic techniques and organizations used to solve international disputes, how they work and when they are used. Using numerous examples, it shows the strengths and weaknesses of different methods. It is an essential resource for international dispute settlement courses.

Download or read book International Organizations and International Dispute Settlement Trends and Prospects written by Laurence Boisson de Chazournes and published by BRILL. This book was released on 2021-10-01 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains the thoughts of officials of international organizations and NGOs, member of judicial bodies, and academics on the role of international organizations and the settlement of contentious cases before international judicial bodies. The timely work will undoubtedly be of interest to practitioners and scholars who are involved in issues related to cases before international judicial bodies. Published under the Transnational Publishers imprint.

Download or read book The Changing Character of International Dispute Settlement written by Russell Buchan and published by Cambridge University Press. This book was released on 2023-12-21 with total page 591 pages. Available in PDF, EPUB and Kindle. Book excerpt: The international dispute settlement system is currently facing many challenges regarding the authority, effectiveness, and legitimacy of its methods and mechanisms and their coordination. These challenges cut across different fields of international law and relations such as investment, trade, human rights, water resources, the law of the sea, the environment, international peace and security, disaster law, space, and cyberspace. New technologies also impact on the scope of existing disputes and their settlement, which lead to the emergence of new disputes and ways of settling them. This book offers insightful reflections by academics and practitioners on such challenges and how they can be addressed as well as on how the international dispute settlement system should adapt to attain its aim of maintaining peace and international legality. It deals with many contemporary issues and is wide-ranging in scope. It is suitable for students, scholars, and practitioners of international dispute settlement, international law, and international relations.

Download or read book The Settlement of International Disputes written by Christian J Tams and published by Bloomsbury Publishing. This book was released on 2022-09-29 with total page 997 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second edition of this book provides students, scholars, and practitioners of international law with easy access to the key primary sources in international dispute settlement, allowing users to focus on engaging with the primary material, rather than trying to source it. The text has been expanded and updated to reflect developments in this rapidly changing field. It includes dispute settlement provisions of treaties adopted since the first edition (such as the Paris Agreement on Climate Change and the WTO Multi-Party Interim Appeal Arbitration Agreement) and takes stock of changes affecting proceedings before investment tribunals, the European Court of Human Rights, and the International Court of Justice. A new subject index improves navigation.

Download or read book International Organizations and the Promotion of Effective Dispute Resolution written by and published by BRILL. This book was released on 2019-06-26 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: This second volume of the AIIB Yearbook of International Law examines the role of international organizations in promoting effective dispute resolution. It is divided into five parts to reflect a series of overarching themes and relationships. Firstly, international arbitration’s effectiveness and affinity with multilateral institutions. Second, international organizations as proponents of the norms of dispute resolution. Third, the dispute resolution mandates of international organizations. Fourth, the role of dispute resolution and economic development. Together, this diversity of perspectives offers convincing evidence that effective dispute resolution is a precondition to successful economic development—and that international organizations have an essential role to play in promoting both. The fifth part presents the 2018 AIIB Law Lecture given by Georg Nolte, Chair of the International Law Commission, on the subject of ‘International Organizations in the Recent Work of the International Law Commission’ and the 2018 AIIB Legal Conference Report.

Download or read book International Dispute Settlement written by Mary Ellen O'Connell and published by Routledge. This book was released on 2003 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays that comprise this collection analyse the procedures in international law for settling questions and disputes within international society.

Download or read book International Dispute Resolution and the Public Policy Exception written by Farshad Ghodoosi and published by Routledge. This book was released on 2016-06-10 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite the unprecedented growth of arbitration and other means of ADR in treaties and transnational contracts in recent years, there remains no clearly defined mechanism for control of the system. One of the oldest yet largely marginalized concepts in law is the public policy exception. This doctrine grants discretion to courts to set aside private legal arrangements, including arbitration, which might be considered harmful to the "public". The exceptional and vague nature of the doctrine, along with the strong push of actors in dispute resolution, has transformed it, in certain jurisdictions, to a toothless doctrine. At the international level, the notion of transnational public policy has been devised in order to capture norms that are "truly" transnational and amenable for application in cross-border litigations. Yet, despite the importance of this discussion—a safety valve and a control mechanism for today’s international and domestic international dispute resolution— no major study has ventured to review and analyze it. This book provides a historical, theoretical and practical background on public policy in dispute resolution with a focus on cross-border and transnational disputes. Farshad Ghodoosi argues that courts should adopt a more systemic approach to public policy while rejecting notions such as transnational public policy, which limits the application of those norms with mandatory nature. Contrary to the current trend, the book invites the reader to re-conceptualize the role of public policy, and transnational dispute resolution, in order to have more sustainable, fair and efficient mechanisms for resolving disputes outside of national courts. The book sheds light on one of the most important yet often-neglected control mechanisms of today’s international dispute resolution and will be of particular interest to students and academics in the fields of International Investment Law, International Trade Law, Business and Economics.

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.

Download or read book International Law and Dispute Settlement written by Duncan French and published by Bloomsbury Publishing. This book was released on 2010-03-04 with total page 599 pages. Available in PDF, EPUB and Kindle. Book excerpt: International dispute settlement plays a fundamental role in maintaining the fabric of the international legal order, reflecting the desire of States, and increasingly non-State actors, to resolve their differences through international dispute procedures and other legal mechanisms. This edited collection focuses upon the growth and complexity of such legal methods, which includes judicial settlement (courts and tribunals), arbitration and other legal (or what might be termed 'extra-legal') means (international organisations, committees, inspection panels, and ombudsmen). In this important collection, such mechanisms are compared and evaluated side-by-side to provide, in one volume, a detailed and analytical account of the current framework. Ranging from key conceptual issues of proliferation of legal mechanisms and the associated risks of fragmentation through to innovations in dispute settlement mechanisms in many topical areas of international law, including international trade law, collective security law and regional law, this collection, written by leading international lawyers, provides a major study in the ongoing trends and emerging problems in this crucial area of international law. This edited collection is published to mark the retirement of Professor John Merrills, Emeritus Professor of International Law, University of Sheffield, who has written widely on international law and human rights law, but is probably best known for his work on the settlement of international disputes, evidenced by the enduring appeal of his leading text International Dispute Settlement, now in its fourth edition.

Download or read book The Future of Investor State Dispute Settlement written by Ben Beaumont and published by Kluwer Law International B.V.. This book was released on 2024-02-13 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: What makes investor-State dispute settlement (ISDS) as dynamic a field as it is – especially in comparison with international commercial arbitration – is its uncanny ability to engage directly with the most topical and pressing issues of the day, including human rights, regulation of the energy sector, and climate change and the environment more generally. This book provides a deep dive into the reality behind the causes and effects of the expressed concerns regarding ISDS and the extent to which they can and have been addressed by ongoing reform processes at national, regional, and international levels. Deeply informed insights from leading scholars and practitioners on the status quo and perspectives of ISDS shed clear light on such aspects as the following: reform instruments adopted at the UNCITRAL Working Group III; issues surrounding the legitimacy of ISDS; dispute prevention and amicable settlement mechanisms; the proposed multilateral investment court; implications of climate change and energy transition for investment policies and disputes; recent regional trends in policymaking and perspectives; the ICSID-UNCITRAL Code of Conduct; investment protection standards and dispute resolution mechanisms in recent international investment treaties; viability of the modernized Energy Charter Treaty; use of artificial intelligence; and participation of civil society organizations. As an in-depth analysis of the most recent developments in international investment law and dispute resolution, this book offers a realistic view of the reform processes, thus underlining the necessary legal and institutional measures that will translate into real-life effects in the future. With its help, policymakers and government officials will identify ongoing trends and anticipate risks that require intervention, while practitioners and the broader dispute resolution community will find valuable information about the evolving contours of investment protection treaties and ISDS. For academics and civil society organizations interested in the developments and implications of ISDS, the book provides factual, nuanced, and effective analysis of the relevant issues.

Download or read book Evolution in Dispute Resolution written by Michiel Duchateau and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The governance of dispute settlement is evolving in order to cope with a changing world, taking on many forms in many contexts. There is no general model for 'the' best way of settling disputes. Instead, what is the most suitable way of settling disputes highly depends on contextual factors, such as the nature of the parties involved, the nature of the relationship between them, the economic and/or moral value of the dispute, the cross-jurisdictional nature of the dispute, etc. This book aims to assess the way in which the nature of dispute resolution has evolved. With one mostly conceptual chapter and three chapters that analyse examples from radically different contexts, it makes clear that disputes are evolved within vastly different governance structures. Considering similar questions in different contexts, the chapters show how the evolution of dispute resolution has not only been shaped by the nature of disputes themselves and the type of parties involved, but also by the values that different systems try to protect. (Series: Governance & Recht, Vol. 13) [Subject: Conflict Resolution, Civil Law, Arbitration, Public Law, International Law]

Download or read book Multi Tier Approaches to the Resolution of International Disputes written by Anselmo Reyes and published by Cambridge University Press. This book was released on 2021-12-16 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: Multi-tier dispute resolution (MDR) entails an early attempt at mediation followed by arbitration or litigation if mediation is unsuccessful. Seemingly, everyone acknowledges MDR's attractiveness as a means of resolving disputes due to its combination of the flexibility and informality of mediation with the rigour and formality of arbitration or litigation. Yet, the question is why, except in China and some Asian jurisdictions, MDR is not resorted to around the world and MDR clauses in commercial contracts remain relatively uncommon. This book responds to that question by (1) surveying global regulatory approaches frameworks for MDR, (2) comparing MDR trends in Asia and the wider world, (3) identifying MDR's strengths and weaknesses, and (4) prescribing ways to address MDR's weaknesses (the enforceability of MDR clauses, the difficulties arising when the same person acts as mediator and decision-maker in the same dispute, and the enforcement of mediated settlement agreements resulting from MDR).

Download or read book The Future of International Courts written by Avidan Kent and published by Routledge. This book was released on 2019-02-26 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: The end of World War II marked the beginning of a new golden era in international law. Treaties and international organisations proliferated at an unprecedented rate, and many courts and tribunals were established with a view to ensuring the smooth operation of this new universe of international relations. The network of courts and tribunals that exists today is an important feature of our global society. It serves as an alternative to other, sometimes more violent, forms of dispute settlement. The process of international adjudication is constantly evolving, sometimes in unexpected ways. Through contributions from world-renowned experts and emerging voices, this book considers the future of international courts from a diverse range of perspectives. It examines some of the regional, institutional and procedural challenges that international courts face: the rising influence of powerful states, the turn to populism, the interplay between courts, the involvement of non-state actors and third parties in international proceedings, and more. The book offers a timely discussion of these challenges, with the future of several international courts hanging in the balance and the legitimacy of international adjudication being called constantly into question. It should also serve as a reminder of the importance of international courts for the functioning of a rules-based international order. ‘The Future of International Courts’ is essential reading for academics, practitioners and students who are interested in international law, including those who are interested in the role international courts play in international relations.

Download or read book International Interplay written by Riddhi Dasgupta and published by Cambridge Scholars Publishing. This book was released on 2014-09-26 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are international tribunals heading towards greater sovereignty or towards greater liberalisation of property rights? Can we glean specific deductions from prevailing cases outside the expropriation arena? How can we justifiably extrapolate principles from international investment arbitration before modifying and applying these lessons to international human rights, the World Trade Organization regime and other dispute settlement systems? What, if any, degree of deference attends the assessment of various claims undertaken by international tribunals? Does this depend on high commerce, force majeure, military or paramilitary control, urgent nuclear and environmental considerations, transboundary harms, political instability, fraud and deception or other special circumstances? Where do textually strict treaty interpretations end and the general principles of international law take over? Can autonomous treaty interpretation by international tribunals be reconciled with the host State’s prerogative of defining its own protected public interests? Where is the tipping point, too frequently fraught with the potential to deprive States of the incentive to stay within the applicable international compact? These issues must be comparatively addressed. Contemporary international law developments and dislocations are occurring at a break-neck pace. We pause and contemplate the implications. Riddhi Dasgupta analyses the standards of Expropriation, Exhaustion of Local Remedies, Continuous Nationality, Non-Discrimination (National Treatment, Most Favoured Nation and Domestic Discrimination), Fair and Equitable Treatment, Minimum Standard of Treatment, and Compensation across international dispute settlement. The foundational and evolving concept of consent is required to justify all public international law, from genesis onwards. The potency of expropriation-based claims will continue to expand, and the comparative lessons drawn from various international law regimes will interplay to stirring effect. Writing accessibly, Dasgupta proposes various legal strategies going forward and makes analytical prognostications about this area of international law. Dasgupta presents influential interview and anecdotal results as well as statistics concerning the growing flow of investments in targeted jurisdictions and sectors. For the international lawyer’s benefit, the final chapter condenses the book’s tactical scenario-planning and advice. Institutional dialogues among tribunals as well as tribunal dialogues with politicians, investors, NGOs, and of course citizens (the ultimate boson) will assume absolutely indispensable significance. This will be the true tipping-point in the eye of the storm. Legitimacy, transparency, justice, efficiency and economy, candour, party autonomy, coherence, incentives, and the tense clash of interests reappear as the constant motifs in this important but relatively unknown saga. Studiedly neutral in its orientation, this book strives to promote constructive solutions as well as public awareness.

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.

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.