International Organizations and International Dispute Settlement: Trends and Prospects

International Organizations and International Dispute Settlement: Trends and Prospects
Author: Laurence Boisson de Chazournes
Publisher: BRILL
Total Pages: 307
Release: 2021-10-01
Genre: Business & Economics
ISBN: 9004479228

This book contains the thoughts of officials of international organizations and NGOs, member of judicial bodies, and academics on the role of international organizations and the settlement of contentious cases before international judicial bodies. The timely work will undoubtedly be of interest to practitioners and scholars who are involved in issues related to cases before international judicial bodies. Published under the Transnational Publishers imprint.

International Dispute Settlement

International Dispute Settlement
Author: J. G. Merrills
Publisher: Cambridge University Press
Total Pages: 387
Release: 2011-03-17
Genre: Law
ISBN: 1139500120

A guide to the techniques and institutions used to solve international disputes, how they work and when they are used. This textbook looks at diplomatic (negotiation, mediation, inquiry and conciliation) and legal methods (arbitration, judicial settlement). It uses many, often topical, examples of each method in practice to place the theory of how things should work in the context of real-life situations and to help the reader understand the strengths and weaknesses of different methods when they are used. It also looks at organisations such as the International Court and the United Nations and has been fully updated to include the most recent arbitrations, developments in the WTO and the International Tribunal for the Law of the Sea, as well as case law from the International Court of Justice.

Access to Justice and International Organizations

Access to Justice and International Organizations
Author: Pierre Schmitt
Publisher: Edward Elgar Publishing
Total Pages: 407
Release: 2017-08-25
Genre: Law
ISBN: 1786432897

Recent examples such as the cholera outbreak in Haiti demonstrate that individual victims of human rights violations by international organizations are frequently left in the cold. Following an examination of the human rights obligations of international organizations, this book scrutinizes their dispute settlement mechanisms as well as the conflict between their immunities and the right of access to justice before national jurisdictions. It concludes with normative proposals addressed both to international organizations and to national judges confronted with such cases.

The Settlement of Disputes in International Law

The Settlement of Disputes in International Law
Author: John G. Collier
Publisher: Oxford University Press, USA
Total Pages: 428
Release: 2000
Genre: Law
ISBN: 9780198299271

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.

Access to Justice and International Organisations

Access to Justice and International Organisations
Author: Rishi Gulati
Publisher: Cambridge University Press
Total Pages: 255
Release: 2022-03-17
Genre: Law
ISBN: 1108837549

This book proposes an approach that guarantees access to justice for victims of international institutional conduct without compromising institutional independence.

Dispute Settlement in the World Trade Organization

Dispute Settlement in the World Trade Organization
Author: David Palmeter
Publisher: Cambridge University Press
Total Pages: 356
Release: 2004-04
Genre: Business & Economics
ISBN: 9780521530033

Any experienced lawyer knows that cases are most often won or lost on procedural grounds; yet procedural issues are often considered too technical for proper treatment in legal literature. In this extensively revised new edition of Palmeter and Mavroidis' authoritative book on WTO dispute settlement, the authors discuss all WTO dispute settlement provisions and their interpretation in WTO jurisprudence. All the decisions of panels and the Appellate Body are discussed, from the inception of the WTO in 1995 until the end of May 2003. Although the book contains considerable technical expertise, it is at the same time written for accessibility to a wide readership. This volume - an essential tool for practitioners, diplomats and government lawyers - is a comprehensive study of compulsory third party adjudication in international law.

International Dispute Settlement

International Dispute Settlement
Author: MaryEllen O'Connell
Publisher: Routledge
Total Pages: 552
Release: 2017-07-05
Genre: History
ISBN: 1351562487

The very purpose of international law is the peaceful settlement of international disputes. Over centuries, states and more recently, organizations have created substantive rules and principles, as well as affiliated procedures, in the pursuit of the peaceful settlement of disputes. This volume of the Library of Essays in International Law focuses on the classic procedures of peaceful settlement: negotiation, good offices, inquiry, conciliation, arbitration, judicial settlement, and agencies for dispute resolution. The introduction provides a unique historic overview, explaining how the procedures first developed and changed over time. Each chapter features a seminal essay that helped create the changes described in the introduction. Being at the center of international law, dispute resolution has always been a core topic of international scholarship, this volume brings together for the first time, the pivotal writing in the field.

The Gatt/Wto Dispute Settlement System

The Gatt/Wto Dispute Settlement System
Author: Ernst-Ulrich Petersmann
Publisher: Martinus Nijhoff Publishers
Total Pages: 368
Release: 1997-02-11
Genre: Political Science
ISBN: 9789041109330

The GATT and WTO dispute settlement systems have become the most frequently used international mechanisms for the settlement of trade disputes among governments. The 1994 Agreement Establishing the WTO introduced a historically unprecedented new dispute settlement procedure for conflicts involving trade in goods and services, trade-related investment measures, and intellectual property rights. This procedure provided for the compulsory jurisdiction of the WTO Dispute Settlement Body, WTO Panels, and the WTO Appellate Body. The first 18 months from the time the WTO Agreement came into force on 1 January 1995 witnessed more than 50 invocations of the new dispute settlement procedures by a large number of countries, including many from the developing world. This large response, and the proposals for further extending the scope of WTO law, suggest that the WTO dispute settlement system will continue to be the most frequently applied, worldwide systems for the legal settlement of trade disputes among governments. This book provides students, lawyers and diplomats a thought-provoking and practice-oriented analysis of the GATT/WTO dispute settlement rules, procedures, and problems. The Annexes include a useful collection of relevant texts and tables of past GATT and WTO case law.

International Organizations and the Law

International Organizations and the Law
Author: Alexandra R. Harrington
Publisher: Routledge
Total Pages: 444
Release: 2018-05-16
Genre: Law
ISBN: 1351240129

Delving into the law and meaning of international organizations, this book addresses the laws relating to international organizations, their undertakings, and the ways in which specific international organizations function and interact with one another. Assuming little background knowledge of international law, the book brings together key issues in international law and the history of international organizations in a cohesive manner, providing readers with a clear understanding of international organizations' law in context. It addresses topics such as: organization functions and structure membership and membership powers the rights of international organizations dispute settlement in international organizations termination of an international organization Written in an accessible and engaging way, this book is ideal reading for students new to the Law of International Organizations and as a reference for those active in fields impacted by international organizations.