Judicial Settlement of International Disputes: International Court of Justice Other Courts and Tribunals Arbitration and Conciliation

ISBN-13: 9783642952616 / Angielski / Miękka / 2012 / 572 str.

H. Mosler; Roger Bernard

Opis

This publication gives the opmlOns and discussions of an international Symposium on the judicial settlement of international disputes as well as three expert reports which were submitted for the Symposium's preparation. The Symposium sought to answer the following three questions: (1) Does the International Court of Justice, as it is presently shaped, cor respond to the requirements which follow from its functions as the central judicial body of the international community? (2) To which extent and for which subject matters is it advisable to create and develop special judicial bodies with a jurisdiction limited to certain regions or to certain subject matters? (3) To which extent and for which questions is it advisable to provide for the settlement of international legal disputes by other organs than permanent courts? The Symposium took place from July 10-12, 1972 in the Max-Planck Institut fiir ausHindisches offentliches Recht und Volkerrecht in Heidelberg. Experts in international law and international jurisdiction from many countries were invited, not in their official capacity, but rather on the basis of their individual competence; the list of participants appears at the end of this volume."

Spis treści

One Proceedings of the Symposium on the Judicial Settlement of International Disputes.- Problems and Tasks of International Judicial and Arbitral Settlement of Disputes Fifty Years after the Founding of the World Court.- Subject I Does the International Court of Justice, as it is Presently Shaped, Correspond to the Requirements which Follow from its Functions as the Central Judicial Body of the International Community?.- Reports by Taslim Olawale Elias.- Reports by Robert Yewdall Jennings.- Discussion.- (Rôle of judicial settlement in international relations.- Crisis of the ICJ.- International organizations as parties before the Court.- Composition of the ICJ.- Regional chambers.- Summary procedures.- Preliminary objections and the merit phase, continuity.- Speeding up of international proceedings.- Routine cases before the ICJ.- Independence of judges.- Law-making declarations of the UN General Assembly.- Justiciability of disputes.- Uncertainty of international law.- Art. 38 of the Statute of the ICJ.- Individuals as parties before the ICJ.- Judicial Settlement of part of a dispute.- Optional clause.- Compromis-sory clauses.- Jurisdiction of the ICJ on a list of subjects.- Advisory proceedings.- Advisory opinions in disputes between States.- Advisory opinions on the request of States.- Preliminary objections).- Subject II To which Extent and for which Subject Matters is it Advisable to Create and Develop Special Judicial Bodies with a Jurisdiction Limited to Certain Regions or to Certain Subject Matters?.- Reports by Francisco V. García-Amador.- Reports by Heribert Golsong.- Discussion.- (Individuals in judicial proceedings.- Regional courts.- Proceedings before the European Court of Justice.- Procedure before the European Commission and the European Court of Human Rights.- Various categories of regional courts.- Regional courts with special and universal jurisdiction.- European Court of Justice as model for other regions.- Unity of international law and regional tribunals.- Racial Discrimination Committee.- Maritime Tribunal.- Regional chambers of the ICJ.- Judges, qualifications.- European Convention on Human Rights, friendly settlement procedure.- Austrian-German Arbitral Tribunal (Property Treaty 1957).- International Centre for the Settlement of Investment Disputes).- Subject III To which Extent and for which Questions is it Advisable to Provide for the Settlement of International Legal Disputes by other Organs than Permanent Courts?.- Report by Rudolf L. Bindschedler.- Discussion.- (Submission to arbitration.- Arbitration and international organizations.- Legal and non-legal procedures.- Advantages and disadvantages of arbitration, conciliation and permanent courts.- Respect for decisions.- Mixed forms of arbitration and conciliation.- Arbitral Commission on Property, Rights and Interests in Germany.- Publicity of proceedings and decisions.- Arbitration and conciliation and the unity of international law.- Binding nature of decisions of non-permanent courts.- Non-legal disputes.- Precedent effect of arbitral awards.- Compulsory arbitration.- Definition of arbitration.- Functions of judicial settlement.- Development of law by courts and arbitral tribunals.- System of peaceful settlement of disputes.- Peaceful settlement of disputes by international organizations.- Conciliation and international law).- General Debate.- (Rôle of judicial settlement in international relations.- Individuals before international courts.- Compulsory jurisdiction.- Reasons for aversions towards judicial settlement.- Influence of the parties on the composition of courts.- Uncertainty of international law.- Rules of behaviour in international relations.- Judicial settlement of part of a dispute.- Positions of new States.- Functions of adjudication.- Advisory proceedings.- Systems of peaceful settlement of disputes.- Preliminary proceedings in international courts.- European Court of Justice.- International organizations before international courts.- Regional courts.- Speeding up of proceedings.- Advisory opinions: access of States, control of acts of international organizations).- Final Remarks.- Two Preparatory Reports.- The International Court of Justice.- International Courts and Tribunals with Regionally Restricted and/or Specialized Jurisdiction.- Arbitration and Conciliation.- List of the Participants of the Symposium.- Table of Cases.- General Index.