International Law and Dispute Settlement: New Problems and Techniques

ISBN-13: 9781849463591 / Angielski / Miękka / 2012 / 444 str.

Duncan French

Opis

International dispute settlement plays a fundamental role in maintaining the fabric of the international legal order, reflecting the desire of States - and increasingly, non-State actors - to resolve their differences through international dispute procedures and other legal mechanisms. This edited collection - now available in paperback - focuses upon the growth and complexity of such legal methods, which includes judicial settlement (courts and tribunals), arbitration, and other legal - or what might be termed 'extra-legal' - means (international organizations, committees, inspection panels, and ombudsmen). Such mechanisms are compared and evaluated side-by-side to provide a detailed and analytical account of the current framework. Ranging from key conceptual issues of proliferation of legal mechanisms and the associated risks of fragmentation through to innovations in dispute settlement mechanisms in many topical areas of international law - including international trade law, collective security law, and regional law - this collection provides a major study in the ongoing trends and emerging problems in this crucial area of international law. The publication marks the retirement of Professor John Merrills - Emeritus Professor of International Law at the University of Sheffield - who has written widely on international law and human rights law, but is probably best known for his work on the settlement of international disputes, evidenced by the enduring appeal of his leading text International Dispute Settlement, now in its fourth edition. (Series: Studies in International Law - No. 28)

Spis treści

Part 1 The Changing Face of International Adjudication 1. Private Disputes and the Public Interest in International Law Vaughan Lowe 2. The International Court of Justice and Environmental Disputes Malgosia Fitzmaurice 3. Complaint and Grievance Mechanisms in International Dispute Settlement Duncan French and Richard Kirkham 4. Stuck in the Middle With You?: Alternative Approaches to Realising Accountability for Human Rights Violations by Business Sorcha Macleod Part 2 Problems and Techniques in Substantive Areas of International Law 5. Practice and Procedure of Dispute Settlement in Individual Communication Cases within the Human Rights Committee and the Committee on the Elimination of Discrimination against Women: Congruence or Conflict? Sandy Ghandhi 6. Trends in Dispute Settlement in the Law of the Sea: Towards the Increasing Availability of Compulsory Means Robin Churchill 7. The WTO Dispute Settlement Mechanism as a New Technique for Settling Disputes in International Law Surya P Subedi 8. Legal Means of Dispute Settlement in the Field of Collective Security: The Quasi-Judicial Powers of the Security Council Nigel D White and Matthew Saul 9. Non-compliance Procedures and Dispute Resolution Mechanisms under International Environmental Agreements Karen N Scott 10. The Antarctic Treaty after 50 Years James Crawford 11. Cross-border Family Mediation Kisch Beevers Part 3 The Regional Dimension 12. Aspects of the African Court of Justice and Human Rights Gino J Naldi 13. The EU, the ECHR and the Effective Protection of Human Rights for Individuals Tawhida Ahmed 14. The European Court of Justice as a Constitutional Court: Implications for the EU and International Legal Orders Paul James Cardwell