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Author: Joseph F. Zimmerman
Publisher: State University of New York Press
ISBN: 0791481417
Category : Political Science
Languages : en
Pages : 246
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Book Description
With respect to "controversies between two or more states," the U.S. Constitution grants original jurisdiction to the U.S. Supreme Court, and in 1789 Congress made exclusive the Court's jurisdiction over interstate disputes. In this book, Joseph F. Zimmerman examines the role of the Supreme Court in settling disputes between states, the criteria developed by the Court to determine whether its original jurisdiction should be invoked, and the function of special masters, who, as adjuncts to the Court, facilitate negotiated settlements or provide the factual information needed by the Court to render sound decisions. Zimmerman analyzes a wide range of specific disputes, from boundary lines to financial matters to water allocation, diversion, and pollution. To alleviate the Court's exceptionally heavy and critically important appellate workload, the author proposes alternative mechanisms for resolving controversies between sister states, including interstate boundary compacts, interstate regulatory compacts, and several congressional initiatives.
Author: Joseph F. Zimmerman
Publisher: State University of New York Press
ISBN: 0791481417
Category : Political Science
Languages : en
Pages : 246
Get Book Here
Book Description
With respect to "controversies between two or more states," the U.S. Constitution grants original jurisdiction to the U.S. Supreme Court, and in 1789 Congress made exclusive the Court's jurisdiction over interstate disputes. In this book, Joseph F. Zimmerman examines the role of the Supreme Court in settling disputes between states, the criteria developed by the Court to determine whether its original jurisdiction should be invoked, and the function of special masters, who, as adjuncts to the Court, facilitate negotiated settlements or provide the factual information needed by the Court to render sound decisions. Zimmerman analyzes a wide range of specific disputes, from boundary lines to financial matters to water allocation, diversion, and pollution. To alleviate the Court's exceptionally heavy and critically important appellate workload, the author proposes alternative mechanisms for resolving controversies between sister states, including interstate boundary compacts, interstate regulatory compacts, and several congressional initiatives.
Author: Luping Zhang
Publisher: Oxford University Press
ISBN: 0192849271
Category : Law
Languages : en
Pages : 257
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Book Description
"This book investigates dispute resolution mechanisms in international civil aviation, with a primary focus on the functions of the International Civil Aviation Organization (ICAO) Council. The Convention on International Civil Aviation (Chicago Convention) has laid the foundation for dispute resolution mechanisms in international civil aviation, which led to the creation of ICAO. However, economic regulations have been left out from the Chicago Convention. Over the years there has been a proliferation of bilateral air services agreements (ASAs) and the multiplication of multilateral treaties. With the advancement of the aviation technology, this book considers whether dispute resolution mechanisms should be modernised, and if so, what form such modernisation might take. The book is divided into five chapters. Chapter I provides an introduction and defines the scope of the research. Chapter II is an empirical chapter, which traces the evolution of dispute resolution clauses under both multilateral air law treaties and bilateral ASAs with the most updated data collected to date. Chapter III analyses how disputes brought to the fora designated under the treaties in Chapter II are resolved in practice. The fourth chapter builds on the empirical evidence provided in Chapters II and III to critically assesses the political and legal means that are involved in the settlement of international aviation disputes. The final chapter proposes reforms on the basis of the lessons learnt in the previous chapters and introduces proposals for amending rules of procedures in ICAO as well as establishing a new arbitral institution"--
Author: Eric De Brabandere
Publisher: Cambridge University Press
ISBN: 1108963218
Category : Law
Languages : en
Pages : 445
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Book Description
The settlement of interstate disputes through recourse to courts and tribunals has grown gradually over the years, not only through the creation of new mechanisms to that effect, but also by using existing courts and tribunals. How these different international dispute settlement mechanisms operate in theory and practice is the subject of this comparative analysis by academic and practicing lawyers. The book takes stock of the procedure applicable in various interstate dispute settlement bodies, including international and regional courts and tribunals, and arbitration. This comparative view is essential to a better understanding of the strengths and weaknesses of the various procedural rules and regulations and the practical operation of international litigation. This book is aimed not only at scholars, but also at the courts and tribunals themselves, assisting them in revising their procedures, and at States and organisations developing future international legal mechanisms.
Author: Douglas M. Gibler
Publisher: Rowman & Littlefield
ISBN: 1442275596
Category : Political Science
Languages : en
Pages : 1169
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Book Description
A militarized interstate dispute (MID) refers to international conflict short of war. The MID dataset from the Correlates of War Project catalogs summary data on all threats, displays, and uses of force between two or more states. These dispute data are essential in quantitative analyses of international conflict and other issues, such as diplomatic efforts and security policy. The problem however is that they offer little information barring a brief summary of the conflict event. This work remedies it by providing original, detailed narrative descriptions of what occurred in each case. Organized by rivalry and within geographic regions, these case descriptions, written specifically for this work, will be an essential resource for those interested in the causes, histories, and consequences of international conflicts.
Author: Greg Cashman
Publisher: Rowman & Littlefield
ISBN: 1538127806
Category : Political Science
Languages : en
Pages : 467
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Book Description
This pioneering book, now thoroughly updated to incorporate important research, explains the causes of war through a sustained combination of theoretical insights and detailed case studies. Cashman and Robinson find that while all wars have multiple causes, certain factors typically combine in identifiable “dangerous patterns.” Through their examination of World War I, World War II in the Pacific, the Six-Day War, the Indo-Pakistani War of 1971, the Iran-Iraq War, and the US invasion of Iraq, the authors lay out the complex multilevel processes by which disputes between countries erupt into bloody conflicts. Ideal for a range of courses in international relations at both the undergraduate and graduate levels, this focused text clearly explains theory and applies it to concrete case-study examples in a way that allows students to fully understand the origins of war.
Author: Jorge I. Domínguez
Publisher:
ISBN:
Category : Boundary disputes
Languages : en
Pages : 48
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Book Description
Author: Charles H. Anderton
Publisher: Cambridge University Press
ISBN: 1107184207
Category : Business & Economics
Languages : en
Pages : 527
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Book Description
Provides comprehensive, up-to-date coverage of the key themes and principles of conflict economics.
Author: S. M. G. Koopmans
Publisher: T.M.C. Asser Press
ISBN: 9789067042604
Category : Law
Languages : en
Pages : 325
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Book Description
Variations of conciliation are included in many instruments, particularly in multilateral agreements concerning the environment, human rights, international trade and investment protection. Conciliation is also used on an ad hoc basis for the resolution of disputes between States, such as in border conflicts. Nevertheless, the method is rarely studied in depth from either a legal or political aspect. Focusing on conciliation in a broad sense (including variations of mediation, inquiry and non-compliance mechanisms), Sven Koopmans offers a timely discussion of non-binding dispute settlement between States. The book argues that the lack of familiarity with conciliation both causes its popularity in treaties and its difficulties in practice. The author proposes a new way of looking at conciliation and at its potentials and restrictions, and assesses the usefulness of this way of settling disputes.
Author: Santosh Kumar Garg
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 164
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Book Description
Author: Marcelo G. Kohen
Publisher: Edward Elgar Publishing
ISBN: 1782546871
Category : Law
Languages : en
Pages : 519
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Book Description
Territorial disputes remain a significant source of tension in international relations, representing an important share of interstate cases brought before international tribunals and courts. Analysing the international law applicable to the assessment of territorial claims and the settlement of related disputes, this Research Handbook provides a systematic exposition and in-depth discussions of the relevant key concepts, principles, rules, and techniques. Combining extensive knowledge from across international law, Marcelo Kohen and Mamadou Hébié expertly unite a multinational group of contributors to provide a go-to resource for the settlement of territorial disputes. The different chapters discuss the process through which states establish sovereignty over a territory, and review the different titles of territorial sovereignty, the relation between titles and effectivités, as well as the relevance of state conduct. Select chapters focus on the impact of foundational principles of international law such as the principle of territorial integrity, the right of self-determination and the prohibition of the threat or use of force, on territorial disputes. Finally, technical rules that are crucial for the assessment of territorial claims, especially the techniques of intertemporal law and critical date, as well as evidentiary rules, are presented. An essential resource for practitioners, international law academics and public officials including judges and arbitrators, this Research Handbook is a highly original collection of scholarship and research on territorial disputes and their settlement. Contributors include: M.J. Aznar, T. Christakis, A. Constantinides, K. Del Mar, G. Distefano, M. Hébié, P. Klein, M. Kohen, V. Koutroulis, S. Lee, G. Nesi, K. Parlett
