Economic Conflicts and Disputes Before the World Court: (1922 - 1995) ; a Functional Analysis

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Martinus Nijhoff Publishers, Feb 7, 1996 - Political Science - 318 pages
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Everyone talks about the limitations of the judicial system in the context of international commercial disputes. But no one actually seems to address the possibilities for and appropriateness of judicial remedies in such disputes. This study examines how the International Court of Justice and its predecessor, the Permanent Court of International Justice, have dealt with economic disputes and arrives at highly interesting conclusions, challenging the widespread view that the Court is not an appropriate forum to handle economic disputes between states. While much depends on how one defines an 'economic dispute', a comparison of the use of the court system versus the use of arbitration in such cases offers new insights. Among them: the observation that the once-clear distinctions between adjudication and arbitration are in fact diminishing, as evidenced, for example, in the use of the Chamber procedure of the International Court of Justice in a number of cases in recent years. The author sets out observations, conclusions, evaluations, and recommendations in a complete, straightforward fashion. The material is divided into easy-to-follow parts, each with concluding remarks. Paragraphs are separately labeled with bold headings to facilitate quick access to the information needed. This book enables scholars and practitioners to look at a critical issue in the field - the role or non-role of courts in certain international disputes - in an entirely new way, providing insightful material for thought, discussion, and practice.
 

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Contents

INTRODUCTION
3
VI
9
Fundamental elements of the Courts function
15
Judicial caution and judicial restraint some
27
Judicial caution or judicial restraint
35
Judicial legislation
42
Attitude of States an inventory of optional
55
Clauses in constitutions and agreements of inter
62
Some observations
117
Economic rights and obligations as the subject
133
Some observations
160
Recommendations
217
Recommendations for International Organizations
228
vm
251
The issue of judicial legislation revisited
263
Final remarks
289

THE COURTS JURISPRUDENCE
75
Some observations
92

Common terms and phrases

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