Litigating International Law Disputes: Weighing the Options

ISBN-13: 9781107017061 / Angielski / Twarda / 2014 / 534 str.

Natalie Klein

Opis

Litigating International Law Disputes provides a fresh understanding of why states resort to international adjudication or arbitration to resolve international law disputes. A group of leading scholars and practitioners discern the reasons for the use of international litigation and other modes of dispute settlement by examining various substantive areas of international law (such as human rights, trade, environment, maritime boundaries, territorial sovereignty and investment law) as well as considering case studies from particular countries and regions. The chapters also canvass the roles of international lawyers, NGOs, and private actors, as well as the political dynamics of disputes, and identify emergent trends in dispute settlement for different areas of international law.

Recenzje

'Klein's edited collection constitutes … a valuable addition to the literature on the settlement of international disputes. Despite many issues being inherently political, the book successfully ties them to the law, without losing sight of the aim of clarifying why states litigate at the international level. The reviewer recommends Natalie Klein's book to all those who already have a grasp of international dispute settlement … the initiated reader will surely find many precious insights of both an academic and practical nature.' Massimo Fabio Lando, Canadian Yearbook of International Law

Spis treści

Part I: 1. The place of international litigation in international law John Merrills; 2. Litigation versus dispute resolution through political processes Shirley V. Scott; 3. National and international litigation: partners or competitors? Christopher Ward; Part II: 4. Australia's experience in international litigation Henry Burmester; 5. Latin American states and the International Court of Justice Ximena Fuentes; 6. The United States as an international litigant Mark Feldman; 7. European perspectives on inter-state litigation Michael Wood; 8. Asian perspectives on inter-state litigation Rodman R. Bundy; 9. African perspectives on inter-state litigation Makane Moïse Mbengue; Part III: 10. Initiating territorial adjudication: the who, how, when and why of litigating contested sovereignty Lea Brilmayer and Adele Faure; 11. Why litigate a maritime boundary? Some contributing factors Coalter Lathrop; 12. Litigating law of the sea disputes using the UNCLOS dispute settlement system Md. Saiful Karim; 13. International environmental disputes: to sue or not to sue? Tim Stephens; 14. Why states resort to litigation in cases concerning the use of force? Christine Gray; 15. Adjudicating armed conflict John R. Crook; 16. Human rights as a subject of international litigation Ivan Shearer; 17. The WTO dispute settlement system and underlying motivating factors for adjudication M. Rafiqul Islam; 18. Resolving international investment disputes Chester Brown; 19. Dispute settlement options for the protection of nationals abroad Natalie Klein; Part IV: 20. Litigating international law disputes: whereto? Cesare P. R. Romano.