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The Settlement of Disputes in International Law : Institutions and Procedures - John Collier

The Settlement of Disputes in International Law

Institutions and Procedures

Hardcover

Published: 1st November 1999
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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.

"...of value to anyone working and researching in the fields of energy, communications and commercial law" Karen Hulme, Utilities Law Review vol 12 issue 3 "..provides a detailed and interesting indight into the many methods if international dispute settlement currently used" Karen Hulme, Utilities Law Review vol 12 issue 3 `This book has, according to the authors, 'the modest aim of introducing readers to some of the main processes for the settlement of international disputes'. It does so admirably.' Matthew Happold, NLR 2000. `The chapter on the International Court of Justice ... is extremely thorough ... it provides the best introduction to the Court that this reviewer knows of an the comprehensive footnotes go to to point the way to further reading on the subject.' Matthew Happold, NLR 2000. `a valuable addition to the literature on dispute settlement ... will appeal to ... students of international law and international relations, and practitioners seeking easily accessible information about the role and function of the various means of dispute resolution.' Christian Tams, European Journal of International Law Vol 11 No 3 2000 `a useful introduction to procedural issues in arbitrations ... this is a thorough and comprehensive work, covering much ground in a very clear manner. It is particularly well footnoted, something of especial importance, in this reviewer's opinion, in an introductory work. In this reviewer's mind it is much the best introductory work on the subject ... it seems likely that it will become Ithe textbook for courses on international litigation and the settlement of international disputes.' Matthew Happold, NLR 2000. `The two learned authors will need no introduction and their expertise in both public and private international law is a matter of record. While it is less usual today for public international lawyers to also specialise in private international law this volume does indicate the value of having a detailed knowledge of both subjects. It has to be recognised that the two writers have produced an impressive volume that is clearly destined to be a standard text in this field ... This volume is a considerable addition to the literature in this area and is to be welcomed ... The authors are both to be congratulated on a significant contribution to the literature ... As is only to be expected from Oxford University Press the text is handsomely produced.' Law Update 2000 `This new book by two Cambridge authors... is... a welcome addition to recent works on dispute resolution... One of the distinguishing features of the book is the combination of the analysis of the settlement of interstate disputes and disputes in which private parties are involved... In one respect, the authors have managed, I believe, to achieve almost the impossible. In only 273 pages they describe succinctly, but at the same time exhaustively, structures and procedures of almost all the most important international mechanisms of dispute resolution, and analyse rather incisively various aspects of some prominent cases decided by these mechanisms and procedures. I do not know of any other work that discusses these issues so concisely and clearly.' Rein Mullerson, International Affairs Vol.76 No.3

Preface Table of Cases Introduction PART I: INSTITUTIONS Methods of settlements of disputes: the basic framework International Commercial Arbitration Mixed Arbitrations Dispute settlement in the Law of the Sea The settlement of international economic disputes The International Court of Justice PART II: PROCEDURE The Arbitral process ANNEXES: Manila Declaration on the Peaceful Settlement of Disputes Hague Convention on the Pacific Settlement of Disputes, 1907 ICSID Convention UNCITRAL Arbitration Rules UNICITRAL Model Law Statute of the ICJ

ISBN: 9780198256694
ISBN-10: 0198256698
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 424
Published: 1st November 1999
Publisher: Oxford University Press
Country of Publication: GB
Dimensions (cm): 25.5 x 17.8  x 2.7
Weight (kg): 0.84