Third Party Dispute Settlement in an Interdependent World:Developing a Theoretical Framework : Developing a Theoretical Framework

ISBN-13: 9780792334231 / Angielski / Twarda / 1995 / 266 str.

Marcel Brus; M. M. T. a. Brus

Opis

The central theme of this book is the strengthening of the legitimacy and integrity of international law in the post-Cold War, interdependent international community. The investigation focuses on the relationship between international decision-making procedures, in particular compulsory third party dispute settlement, and legitimacy and integrity as perceived by states and other international actors. It starts with a description of recent developments with regard to dispute settlement in the law of the sea, GATT/WTO, Antarctica, and global environmental protection. Compulsory third-party dispute settlement has been accepted in treaty regimes in these fields as it is indispensable in safeguarding the legitimacy and integrity of such regimes. The focus then shifts to an extensive analysis of changes in the international community in general, and their consequences for the international legal system. By focusing on legitimacy and integrity, and by providing a theoretical framework in which these concepts can be applied, this book contributes significantly to the discussion of the theoretical foundations of international law. The author is winner of the 1995 Award of the Foundation Praemium Erasmianum, Amsterdam.

Recenzje

'The book has an excellent bibliography, and as a thoughtful and original study can be thoroughly recommended.'
International and Comparative Law Quarterly, 45, 1996.

Spis treści

Introduction: International Law in Transition. 1. International Dispute Settlement in Transition. 2. An Interdependent World Society. 3. Coping with Analytical Complexity: a Systems Approach. 4. Legitimacy. 5. An International Community of Principle? 6. Principles and Procedures. 7. Legitimacy and Participatory Pluriformity. Conclusion: Third Party Dispute Settlement in an Interdependent World. Bibliography. Table of Cases. Subject Index.