Download or read book The Peaceful Settlement of International Disputes written by Yoshifumi Tanaka and published by Cambridge University Press. This book was released on 2018-01-11 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers students a clear and systematic overview of procedures for peaceful dispute settlement in international law.

Download or read book International Dispute Settlement written by J. G. Merrills and published by Cambridge University Press. This book was released on 2011-03-17 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: A 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.

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.

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: Provides a comprehensive global survey on multi-tier dispute resolution, examining its trends, its strengths and weaknesses, and the way forward.

Download or read book International Dispute Resolution written by Mary Ellen O'Connell and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Twenty-first century lawyers practice law in a global village. They represent clients in negotiations for oil concession leases. They attend international treaty negotiations on behalf of sovereign states and environmental NGOs. They act as mediators in international child custody disputes and arbitrators for title to artworks displaced in war. They search the world for the right forum to bring claims for human rights violations, piracy prosecutions, and intellectual property protection. The successful 21st century lawyer is prepared to practice international dispute resolution, and this book is designed to assist in that preparation. It is a comprehensive treatment of the full range of dispute resolution processes, including negotiation, mediation, inquiry, conciliation, arbitration, and adjudication. The second edition updates and expands the first edition. It includes additional materials on international commercial arbitration as well as recent decisions of the United States Supreme Court, the International Court of Justice and the International Centre for the Settlement of Investment Disputes. New problems have been added and reading lists have been revised. Despite the new additions, the book remains highly teachable in a two or three credit-hour format. The law book market has many titles on arbitration and transnational litigation. This is the only casebook, however, that introduces students to all of the dispute resolution mechanisms available internationally. Lawyers today need this information as much as they need the standard first year required course on civil procedure.

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.

Download or read book International Dispute Settlement written by MaryEllen O'Connell and published by Routledge. This book was released on 2017-07-05 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 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.

Download or read book Litigating International Law Disputes written by Natalie Klein and published by Cambridge University Press. This book was released on 2014-04-10 with total page 533 pages. Available in PDF, EPUB and Kindle. Book excerpt: Litigating International Law Disputes provides a fresh understanding of why states resort to international adjudication or arbitration to resolve international law disputes. A group of leading scholars and practitioners discern the reasons for the use of international litigation and other modes of dispute settlement by examining various substantive areas of international law (such as human rights, trade, environment, maritime boundaries, territorial sovereignty and investment law) as well as considering case studies from particular countries and regions. The chapters also canvass the roles of international lawyers, NGOs, and private actors, as well as the political dynamics of disputes, and identify emergent trends in dispute settlement for different areas of international law.

Download or read book The Settlement of International Cultural Heritage Disputes written by Alessandro Chechi and published by . This book was released on 2014 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: The past forty years have seen a wide proliferation of an extensive range of disputes under international law concerning cultural heritage. These disputes can concern a disparate variety of issues. A substantial number of have concerned the restitution of stolen and illegally exported art objects. Another set of controversies has involved the protection of immovable cultural heritage. Unlike other fields of international law, international cultural heritage law does not have an ad hoc mechanism of dispute settlement. As a result, controversies are to be settled through negotiation or, if this fails, through existing dispute resolution means, which include arbitration and litigation before domestic courts or international tribunals. This ad hoc fashion of dealing with disputes is not without consequences. The most serious problem is that the same or similar cases may be settled in different ways, thereby bringing about an incoherent and fragmentary enforcement of the law. This book offers a comprehensive and innovative analysis of the settlement of cultural heritage disputes. It addresses the means the potential fragmentation can be resolved by providing a two-fold analysis. First, it provides a detailed analysis of the existing legal framework and the available means of judicial and non-judicial dispute settlement. Second, it explores the feasibility of two solutions for overcoming the lack of a specialized forum. The first potential solution is the establishment of a new international court. The second concerns existing judicial and extra-judicial fora and means of increasing interaction between them by the practice of 'cross-fertilization'. The book focuses on the substance of such interaction, and identifies a number of culturally-sensitive parameters which need to apply (the 'common rules of adjudication'). Ultimately the book argues that existing judicial and non-judicial fora should adopt a cross-fertilizing perspective to use and disseminate jurisprudence containing these common rules of adjudication, to enhance the effectiveness and coherence of their decision-making processes. Finally, it sets out how such an approach would be conducive to the development of a wider body of international cultural heritage law.

Download or read book The Law of International Conflict written by Hanspeter Neuhold and published by BRILL. This book was released on 2015-11-24 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 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.

Download or read book The Private Public Law Divide in International Dispute Resolution written by Burkhard Hess and published by BRILL. This book was released on 2018-08-21 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This course addresses dispute resolution in international cases from the classical perspective of the private-public divide. The main focus relates to overlapping remedies available under private international and public international law. Nowadays, a multitude of courts and arbitral tribunals at different levels (domestic, international and transnational) is accessible to litigants in cross-border settings.

Download or read book Diplomatic and Judicial Means of Dispute Settlement written by Laurence Boisson de Chazournes and published by Martinus Nijhoff Publishers. This book was released on 2012-10-12 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 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.

Download or read book International Dispute Resolution written by Vesna Lazić and published by Springer. This book was released on 2018-07-26 with total page 131 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributions in this book cover a wide range of topics within modern disputeresolution, which can be summarised as follows: harmonisation, enforcement andalternative dispute resolution. In particular, it looks into the impact of harmonisedEU law on national rules of civil procedure and addresses the lack of harmonisationin the US regarding the recognition and enforcement of foreign judgments. Furthermore,the law on enforcement is examined, not only by focusing on US law, but also onhow to attach assets in order to enforce a judgment. Finally, it addresses certain typesof alternative dispute resolution. In addition, the book looks into the systems andcultures of dispute resolution in several regions of the world, such as the EU, the US andChina, that have a high impact on globalisation. Hence, the book is diverse in the senseof dealing with multiple issues in the field of modern dispute resolution./div The book offers explorations of the impact of international rules and EU law on domesticcivil procedure, through case studies from, among others, the US, China, Belgium andthe Netherlands. The relevance of EU law for the national debate and its impact on theregulation of civil procedure is also considered. Furthermore, several contributions discussthe necessity and possibility of harmonisation in the emergency arbitrator mechanisms inthe EU. The harmonisation of private international law rules within the EU, particularlythose of a procedural nature, is juxtaposed to the lack thereof in the US. Also, the bookoffers an overview of the current dispute settlement mechanisms in China. The publication is primarily meant for legal academics in private international law andcivil procedure. It will also prove useful to practitioners regularly engaged in cross-borderdispute resolution and will be of added value to advanced students, as well as to those withan interest in international litigation and more generally in the area of dispute resolution. Vesna Lazić is Senior Researcher at the T.M.C. Asser Institute, Associate Professor ofPrivate Law at Utrecht University and Professor of European Civil Procedure at theUniversity of Rijeka. Steven Stuij is an expert in Private International Law and a PhD Candidate/GuestResearcher at the Erasmus School of Law, Rotterdam. Ton Jongbloed is Guest Editor on this volume./div

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 Settlement of Foreign Investment Disputes written by M. Sornarajah and published by Springer. This book was released on 2000-11-08 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Disputes arising from foreign investment activities are on the increase, and with them a growing awareness among practitioners of a greater variety of settlement methods than most legal analyses have dealt with heretofore. With the experience gained in recent years from a broad spectrum of successful negotiation, arbitration, and litigation techniques, it is possible to derive a comprehensive, critical survey of the principal methods of settling foreign investment disputes. This outstanding book masterfully provides such a survey. The Settlement of Foreign Investment Disputes in International Law treats the subject systematically, dealing first with the internal balances within modern foreign investment contracts, the complexities that arise due to state participation or interference in these contracts, and the stances that are taken when disputes arise. It goes on to examine, in turn, the main issues involved in negotiation, arbitration, and judicial settlement as the methods of settling foreign investment disputes, discussing the controversial themes in each of these methods in detail. Recognizing that the focus of attention is shifting to the misconduct of multinational corporations, the last chapter contains a discussion of the role of domestic courts.

Download or read book Intellectual Property and International Dispute Resolution written by Christopher Heath and published by Kluwer Law International B.V.. This book was released on 2019-08-31 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: Christopher Heath is a judge at the Boards of Appeal of the European Patent Office and former researcher of the Max Planck Institute in Munich. Anselm Kamperman Sanders is Professor of Intellectual Property Law and Director of the IPKM Master’s Programme at Maastricht University, the Netherlands. About this book: Intellectual Property and International Dispute Resolution, the first in-depth treatment of the interface between intellectual property rights and international dispute resolution. The book highlights the different mechanisms of international dispute settlement, having particular regard to cases involving intellectual property law. Investor dispute tribunals, as provided for in many bilateral and multilateral trade agreements, are suspected of intransparency, because proceedings are not public, of unequal treatment, because they give foreign investors a right of action where domestic investors would have none, and of undermining democracy, because they allow democratically enacted laws to be challenged with no possibility of appeal. What’s in this book: In this important book, a number of prominent legal scholars and practitioners examine the extent to which challenges against domestic legislation based on an alleged direct or indirect expropriation of intellectual property rights may be justified. The contributions cover such aspects as: history and current practice of international dispute resolution; direct application of international agreements by national courts; comparison of investor dispute settlement tribunals with other fora such as the WTO or domestic courts for determining compliance with international intellectual property standards; what can be considered ‘investment’ and ‘expropriation’ in the field of intellectual property; legislative freedom to operate when limiting intellectual property rights, particularly in the field of health and safety; and how societal interests could influence future legislation in the field of intellectual property law. One major focus of the book are the challenges against tobacco plain packaging legislation before domestic and international courts and tribunals and their outcome. How this book will help you: The book’s detailed analysis of the nature of investor dispute tribunals and how they may conflict with public interests – and its exploration of possible alternatives – is sure to be of great interest to internationally operating companies, policymakers, practitioners and scholars in both international trade law and intellectual property law.

Download or read book Flexibility in International Dispute Settlement written by Christian Tomuschat and published by . This book was released on 2020 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In recent years, the tendency has been to settle international disputes by informal methods. Among those methods conciliation has seen a successful revival, after many years of decline, in the case of Timor Leste v. Australia while inter-State complaint proceedings under the UN-sponsored human rights treaties have unexpectedly reached their merits stage of conciliation. The present book takes stock of these developments by portraying, at the same time, the potential of the OSCE Court of Conciliation and Arbitration which still remains to be fully activated. Additionally, the contributions reach out to geographical areas in Africa and Asia. An analysis of the relevant procedural mechanisms completes the study to which 14 authors from nine different countries have contributed"--