The Settlement of Disputes in International Law: Institutions and Procedures - Softcover

Collier, John

Softcover

ISBN 10: 0198299273 ISBN 13: 9780198299271

Publisher: Oxford University Press, 2000

Synopsis

For many years it was said that the weakness of international law was the lack of a system for the enforcement of legal obligations. Commentators pointed to the paucity of cases in the International Court and the unwillingness of States to undertake binding obligations to settle their disputes. This position has now changed beyond recognition. The number of international tribunals has increased and many of them, such as ICSID and the International Court of Justice, are busier than at any time in their history. Increasingly, the classical procedures of diplomatic protection are circumvented as corporations and individuals litigate in their own right against States in international tribunals. This book surveys the range of procedures for the settlement of international disputes, whether the disputes arise between States or between States and corporations or individuals. The first part of the book examines non-judicial procedures such as negotiation, mediation, fact-finding, as well as judicial procedures.Among the tribunals covered are ICSID, the UNCC and the Iran-US Claim Tribunal, the WTO disputes panels, ad-hoc inter-State and international commercial arbitral tribunals and the International Court of Justice. In the second part of the book the emerging principles of procedural law applied in these tribunals are discussed. Here the authors go through the entire settlement process from the agreement to submit to a settlement procedure and the constitution of the tribunal, through to the determination of the law applicable to the merits and to the procedure of the tribunal, to the review, and ultimately the recognition and enforcement of tribunal awards.

About this title

Review:

This book has, according to the authors, 'the modest aim of introducing readers to some of the main processes for the settlement of international disputes'. It does so admirably. (Matthew Happold, NLR 2000.)

The chapter on the International Court of Justice ... is extremely thorough ... it provides the best introduction to the Court that this reviewer knows of an the comprehensive footnotes go to to point the way to further reading on the subject. (Matthew Happold, NLR 2000.)

a useful introduction to procedural issues in arbitrations ... this is a thorough and comprehensive work, covering much ground in a very clear manner. It is particularly well footnoted, something of especial importance, in this reviewer's opinion, in an introductory work. In this reviewer's mind it is much the best introductory work on the subject ... it seems likely that it will become Ithe textbook for courses on international litigation and the settlement of international disputes. (Matthew Happold, NLR 2000.)

a valuable addition to the literature on dispute settlement ... will appeal to ... students of international law and international relations, and practitioners seeking easily accessible information about the role and function of the various means of dispute resolution. (Christian Tams, European Journal of International Law Vol 11 No 3 2000)

About the Author:

John Collier is a Fellow of Trinity Hall, Cambridge and an international lawyer Vaughan Lowe is Chichele Professor of International Law and Fellow of All Souls College, Oxford

About this edition

• Publisher: Oxford University Press
• Publication date: 2000
• ISBN 10: 0198299273
• ISBN 13: 9780198299271
• Binding: Paperback
• Number of pages: 424