The Element of Negotiation in the Pacific Settlement of Disputes Between States PDF Download
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Author: P. J. I. M. de Waart
Publisher: Brill Archive
ISBN: 9789024715718
Category : Law
Languages : en
Pages : 252
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Book Description
Author: P. J. I. M. de Waart
Publisher: Brill Archive
ISBN: 9789024715718
Category : Law
Languages : en
Pages : 252
Get Book Here
Book Description
Author: United Nations. Codification Division
Publisher: New York : United Nations
ISBN:
Category : Law
Languages : en
Pages : 268
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Book Description
Author: NA Waart
Publisher: Springer Science & Business Media
ISBN: 9401747687
Category : Law
Languages : en
Pages : 242
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Book Description
The system of the pacific settlement of disputes contained in the United Nations Charter - confirmed in 1970 in the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States - is based on agreement between the parties on both the method to be applied and the acceptance of its results. From the juridical point of view states are free in this system to establish in advance their choice of the appli cation of one or more methods to a dispute and their willingness to accept the result in respect of all or certain groups of disputes or only to determine their choice when a dispute arises. The functioning of the International Court must be regarded in this light. The practice of pacific settlement shows that there is not too great a distance between the standpoints of the Soviet countries, who emphasise direct negotiation as the starting point in settling disputes, and that of the Western countries, who lay particular stress on judicial settlement as such, because the Western countries usually make the application of arbitration and judicial settlement to a specific dispute dependent on the cooperation of all parties, in obtaining which negotiations are essential.
Author: J. G. Merrills
Publisher: Cambridge University Press
ISBN: 9781139448413
Category : Law
Languages : en
Pages : 424
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Book Description
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.
Author: John Merrills
Publisher: Cambridge University Press
ISBN: 1108874983
Category : Law
Languages : en
Pages : 511
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Book Description
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.
Author: MaryEllen O'Connell
Publisher: Routledge
ISBN: 1351562487
Category : History
Languages : en
Pages : 552
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Book Description
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.
Author: J. G. Merrills
Publisher: Cambridge University Press
ISBN: 1139500120
Category : Law
Languages : en
Pages : 387
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Book Description
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.
Author: Yoshifumi Tanaka
Publisher: Cambridge University Press
ISBN: 1107164273
Category : Law
Languages : en
Pages : 465
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Book Description
This book offers students a clear and systematic overview of procedures for peaceful dispute settlement in international law.
Author: John G. Collier
Publisher: Oxford University Press, USA
ISBN: 9780198299271
Category : Law
Languages : en
Pages : 428
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Book Description
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.
Author: Onuma Yasuaki
Publisher: Cambridge University Press
ISBN: 1107024730
Category : Law
Languages : en
Pages : 733
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Book Description
This book adopts a 'trans-civilizational' perspective on the history and development of current West-centric international law.
