International Dispute Settlement: Room for Innovations?

ISBN-13: 9783642428166 / Angielski / Miękka / 2015 / 450 str.

Rudiger Wolfrum; Ina Gatzschmann

Opis

This publication succeeds previously published seminars of the Max Planck Institute for Comparative Public Law and International Law (Heidelberg, Germany) dealing with evolving principles and new developments in international law. Due to the limits of traditional dispute settlement in international law and the ongoing scholarly debate on those limits, it focuses on possible innovations and functional approaches to improve international dispute settlement mechanisms. In doing so, it covers a wide variety of topics such as procedures of the WTO, advisory opinions of international courts and tribunals, the privatization of international dispute settlement, the interaction between counsels and international courts and tribunals, and the law-making function of international courts. The aim of this publication is to contribute to the cross-fertilization between these mechanisms and to offer creative impulses for the promotion of international dispute settlement.

Recenzje

From the reviews:

"One of the key cross-cutting issues debated in the book is the past and future development of international dispute settlement from a system confined to States to one that is open to non-State actors as well. ... this book is recommended to anyone interested in the progressive development of international dispute settlement." (Eckhard Hellbeck, ASIL Cables, asil.org, April, 2014)

Spis treści

Opening Address.- What Makes the WTO Dispute Settlement Procedure Particular: Lessons to be Learned for the Settlement of International Disputes in General?- Advisory Opinions: Are they a Suitable Alternative for the Settlement of International Disputes?- Interaction between Counsel and International Courts and Arbitral Tribunals: Ethical Standards for Counsel.- International Courts as Lawmakers.- Privatization of the Settlement of International Disputes.- Final Remarks and Conclusions.