The Settlement of Disputes in International Law: Institutions and Procedures

ISBN-13: 9780198256694 / Twarda / 1999 / 424 str.

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Opis

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.

Recenzje

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.

O autorze

John Collier is a Fellow of Trinity Hall, Cambridge and a practising international lawyer Vaughan Lowe is Chichele Professor of International Law, and Fellow of All Souls, Oxford