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International Dispute Settlement

by: J. G. Merrills

International Dispute Settlement

by: J. G. Merrills

ISBN 13:
9780521199094
ISBN 10:
0521199093
Edition: 5th
Format: Hardcover
Copyright: 04/25/2011
Publisher: Cambridge University Press

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Summary

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.

Preface	p. ix
Table of cases	p. xi
Table of treaties and agreements	p. xvii
List of abbreviations	p. xxiv
List of websites	p. xxvi
Negotiation	p. 1
Consultation	p. 2
Forms of negotiation	p. 8
Substantive aspects of negotiation	p. 11
Negotiation and adjudication	p. 16
Limitations of negotiation	p. 21
Mediation	p. 26
Mediators	p. 27
Consent to mediation	p. 29
Functions of mediation	p. 33
The limits of mediation	p. 37
Inquiry	p. 41
The 1899 Hague Convention	p. 41
The Dogger Bank inquiry	p. 42
Inquiries under the 1907 Hague Convention	p. 44
Treaty practice 1911-40	p. 47
The Red Crusader inquiry	p. 48
The Letelier and Moffitt case	p. 51
The value of inquiry	p. 53
Conciliation	p. 58
The emergence of conciliation	p. 58
The work of commissions of conciliation	p. 60
The practice of conciliation	p. 65
The place of conciliation in modern treaty law	p. 69
Further developments	p. 74
The significance of conciliation	p. 79
Arbitration	p. 83
Forms of arbitration	p. 83
The selection of arbitrators	p. 86
Terms of reference	p. 89
Basis of the decision	p. 94
Effect of the award	p. 100
Private international arbitration	p. 106
The utility of arbitration	p. 111
The International Court I: organisation and procedure	p. 116
Contentious jurisdiction	p. 116
Jurisdictional disputes	p. 119
Incidental jurisdiction	p. 124
Advisory jurisdiction	p. 132
Membership of the Court	p. 134
Chambers	p. 137
The International Court II: the work of the Court	p. 142
The Court's decision	p. 142
Extension of the Court's function	p. 147
Legal and political disputes	p. 152
The effect of judgments	p. 156
The significance of the Court	p. 161
The Law of the Sea Convention	p. 167
The Convention and its system	p. 167
The principle of compulsory settlement	p. 169
Exceptions to the principle of compulsory settlement	p. 172
Conciliation	p. 174
Arbitration	p. 176
Special arbitration	p. 179
The International Tribunal for the Law of the Sea	p. 181
The Sea-Bed Disputes Chamber	p. 183
Inaugurating ITLOS	p. 186
The significance of the Convention	p. 189
International trade disputes	p. 194
From GATT (1947) to the World Trade Organization	p. 194
The Dispute Settlement Understanding	p. 195
Consultations	p. 197
Good offices, conciliation and mediation	p. 199
Panel proceedings	p. 201
Appellate review	p. 205
Implementation of rulings and recommendations	p. 210
Arbitration	p. 213
The WTO system in context	p. 215
The United Nations	p. 219
The machinery of the Organization	p. 219
The Security Council and General Assembly in action	p. 221
The role of the Secretary-General	p. 225
The political organs and the International Court	p. 231
Peace-keeping operations	p. 236
Action under Chapter VII	p. 242
Are decisions of the political organs open to legal challenge?	p. 247
The effectiveness of the United Nations	p. 250
Regional organisations	p. 257
The range of regional organisations	p. 257
The role of regional organisations in disputes	p. 264
Limitations of regional organisations	p. 271
Regional organisations and adjudication	p. 274
Regional organisations and the United Nations	p. 279
Trends and prospects	p. 284
Dispute settlement today	p. 284
A political perspective	p. 286
A legal perspective	p. 290
Improving the capacity of political methods	p. 295
Improving the capacity of legal methods	p. 301
Conclusion	p. 308
Appendices	p. 310
Agreement between Argentina and the United Kingdom establishing an Interim Reciprocal Information and Consultation System, 1990	p. 310
Report of the Commission of Inquiry into the Red Crusader Incident, 1962 (extract)	p. 312
Conciliation Commission on the Continental Shelf Area between Iceland and Jan Mayen, May 1981	p. 314
Arbitration Agreement between the United Kingdom and France, July 1975	p. 315
Special Agreement for Submission to the International Court of Justice of the Differences Between the Republic of Hungary and the Slovak Republic Concerning the Gabcikovo-Nagymaros Project (1993)	p. 319
Optional Clause Declarations (Peru, Djibouti, Japan, Germany)	p. 322
WTO: Rules of Conduct for the Understanding on Rules and Procedures Governing the Settlement of Disputes (extract)	p. 325
Security Council Resolution 915, establishing UNASOG, May 1994	p. 326
Terms of Reference of the Trust Fund for the International Tribunal for the Law of the Sea (2000)	p. 328
Ruling Pertaining to the Differences between France and New Zealand Arising from the Rainbow Warrior Affair (extract)	p. 330
CIS: Concept for Prevention and Settlement of Conflicts in the Territory of States Members of the Commonwealth of Independent States (1996)	p. 334
Index	p. 341
Table of Contents provided by Ingram. All Rights Reserved.

Amazon no longer offers textbook rentals. We do!

International Dispute Settlement

International Dispute Settlement

9780521199094

0521199093

Summary

Author Biography

Table of Contents

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