While litigation will continue to have a role in resolving disputes, developments should be made to accommodate technological improvements. Various parties have carried out different projects providing dispute resolution services for electronic commerce, which provide the basis for formulating a new mechanism for electronic commerce in general. Ultimately, the mechanism should fulfill the goals of resolving disputes in electronic commerce in a time and cost efficient manner.

This book explores how courts decide, or ought to decide, in situations of uncertainty. A Court must always decide the case before it, even if the relevant facts remain unclear. The question then arises which party benefits and which party is burdened by that uncertainty. In these cases, the Court must apply the rules on the burden of proof or, more precisely, the burden of persuasion. Their importance for the individual claimant is obvious. The comparison of two domestic systems (one based on common law and the other a traditional code-based legal order) with regard to the issue of burden of...

African States have contributed to the development of modern international law in various ways. This contribution can be assessed through an examination of the actual practice of these States in their interactions with each other, and with other States in the wider international community, on various matters which have a bearing on the creation of legal rules for the international community. Taken together, the case studies presented in this book demonstrate that, despite its apparent marginalization in the international system, Africa can stake a valid claim to being part of the on-going...

From its starting point within international law, throughout its progression from regional to national law, The Law of Environmental Damage combines the disciplines of environmental law, liability law and insurance in its analysis of the development of reparative environmental law. In the model adopted, three generations of reparative schemes are identified, based on civil liability or administrative liability or self-taken measures from the area of insurance. The analysis applied is based on factors of standard and designation of liability, as well as the definition and assessment of...

This monograph provides an extensive analysis of the powers of judicial review exercised by the International Court of Justice with respect to judgments of the Administrative Tribunals of the International Labour Organization and the United Nations. The grounds on which these judgments can be challenged include excess jurisdiction, procedural errors and errors of law relative to the Charter of the United Nations. The system, however, suffers from a number of difficulties, including lack of procedural equality, the propriety of employing the Court's advisory jurisdiction in employer-employee...

This volume examines whether multinational corporations have obligations under international law and, if so, how they may be held accountable if they act in breach of these obligations. It concludes that multinational corporations indeed have such duties, particularly in the fields of human rights and the environment, and that they may be held accountable in both domestic courts and intergovernmental organizations. The book first takes stock of the standard setting and supervisory activities regarding multinational corporations undertaken within international fora, such as UNCTAD, the UN...