International Dispute Settlement

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Cambridge University Press, Oct 27, 2005 - Law
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A completely updated edition of a definitive survey of the peaceful settlement of disputes - a key aspect of international law and international relations. Many methods of handling such disputes have been developed, and this book explains what the relevant techniques and institutions are, how they work and when they are used. Separate chapters cover the various diplomatic methods (negotiation, mediation, inquiry and conciliation), the legal methods (arbitration and judicial settlement), the special arrangements for disputes concerning trade or the law of the sea, and the role of the United Nations and regional organisations. The strengths and limitations of each method are illustrated with numerous examples taken from international practice. This new edition deals with many current developments, including the latest UN peace-keeping operations, the work of the WTO and of the International Tribunal for the Law of the Sea, and the latest case-law of the International Court of Justice.
 

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Contents

Negotiation
1
Consultation
3
Forms of negotiation
8
Substantive aspects of negotiation
12
Negotiation and adjudication
18
Limitations of negotiation
23
Mediation
28
Mediators
29
Special arbitration
196
The International Tribunal for the Law of the Sea
198
The SeaBed Disputes Chamber
200
Inaugurating ITLOS
203
The significance of the Convention
206
International trade disputes
211
The Dispute Settlement Understanding
213
Consultations
215

Consent to mediation
32
Functions of mediation
36
The limits of mediation
41
Inquiry
45
The 1899 Hague Convention
46
The Dogger Bank inquiry
47
Inquiries under the 1907 Hague Convention
49
Treaty practice 19111940
52
The Red Crusader inquiry
53
The Letelier and Moffitt case
56
The value of inquiry
59
Conciliation
64
The work of commissions of conciliation
67
The practice of conciliation
72
The place of conciliation in modern treaty law
77
Further developments
82
The significance of conciliation
87
Arbitration
91
The selection of arbitrators
95
Terms of reference
98
Basis of the decision
104
Effect of the award
110
Private international arbitration
117
The utility of arbitration
121
The International Court I Organisation and procedure
127
Jurisdictional disputes
130
Incidental jurisdiction
136
Advisory jurisdiction
145
Membership of the Court
147
Chambers
150
The International Court II The work of the Court
156
Extension of the Courts function
161
Legal and political disputes
166
The effect of judgments
171
The significance of the Court
176
The Law of the Sea Convention
182
The principle of compulsory settlement
184
Exceptions to the principle of compulsory settlement
187
Conciliation
190
Arbitration
193
Good offices conciliation and mediation
216
Panel proceedings
219
Appellate review
223
Implementation of rulings and recommendations
228
Arbitration
231
The WTO system in context
233
The United Nations
237
The machinery of the Organization
238
The work of the Security Council and General Assembly
240
The role of the SecretaryGeneral
244
The political organs and the International Court
250
Peacekeeping operations
256
Action under Chapter VII
263
Are decisions of the political organs open to legal challenge?
268
The effectiveness of the United Nations
272
Regional organisations
279
The role of regional organisations in disputes
287
Limitations of regional organisations
294
Regional organisations and adjudication
298
Regional organisations and the United Nations
303
Trends and prospects
308
A political perspective
311
A legal perspective
315
Improving the capacity of political methods
321
Improving the capacity of legal methods
327
Conclusion
334
Appendices
336
Report of the Commission of Inquiry into the Red Crusader Incident 1962 extract
338
Conciliation Commission on the Continental Shelf Area between Iceland and Jan Mayen May 1981
340
Arbitration Agreement between the United Kingdom and France July 1975
342
Special Agreement for Submission to the International Court of Justice of the Differences Between the Republic of Hungary and the Slovak Republic ...
346
Optional Clause Declarations
349
WTO Rules of Conduct for the Understanding on Rules and Procedures Governing the Settlement of Disputes extract
352
Security Council Resolution 915 establishing UNASOG May 1994
353
Terms of Reference of the Trust Fund for the International Tribunal for the Law of the Sea 2000
355
Ruling Pertaining to the Differences between France and New Zealand Arising from the Rainbow Warrior Affair extract
358
CIS Concept for Prevention and Settlement of Conflicts in the Territory of States members of the Commonwealth of Independent States 1996
362
Index
369
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About the author (2005)

Edward Bramley is Professor of Law, Sheffield University.

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