International Organizations And International Dispute Settlement Trends And Prospects
Download International Organizations And International Dispute Settlement Trends And Prospects full books in PDF, epub, and Kindle. Read online free International Organizations And International Dispute Settlement Trends And Prospects ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
| 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.
| 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.
| Author | : Alan M. Anderson |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 441 |
| Release | : 2020-11-27 |
| Genre | : Law |
| ISBN | : 9403518103 |
Investor-State disputes are increasing and damage awards are often significant. It is thus no surprise that the investor-State dispute settlement (ISDS) system has come under scrutiny. Perceptions have arisen that ISDS is inconsistent, lacks transparency, and is simply unfair. This book delves into the ongoing worldwide debate and discussions regarding the ISDS system. Drawing contributors from around the world, the authors provide insights on critical topics and address the key question facing the ISDS system and the international community it serves: Should the present ISDS system be reformed, replaced, or simply remain as is? The contributors represent points of view ranging from academia to practice to governmental entities, addressing such topics as: the possible consequences of wholesale replacement or elimination of the current ISDS system; mediation as an alternative to resolve ISDS disputes; the creation of a multinational investment court or appellate review mechanism; lack of an early dismissal mechanism to eliminate meritless claims; issues regarding arbitrators, including their appointment and ethical obligations; how investors may retain their right to pursue claims for violations of investment protection following termination of an agreement; a State’s right to assert a counterclaim against an investor-claimant; the role of ISDS in promoting and protecting renewable energy production; the liability of State-controlled entities; the effects and implications of third-party funding; the duty to mitigate damages in the light of excessive damages awards; and improvements and issues relating to post-award enforcement, duration, and cost of ISDS. This book considers the ongoing deliberations and reform measures proposed by UNCITRAL’s Working Group III and provides insights into how several geographic regions and economic cooperation areas have sought to address the question of reform of the ISDS system, including the European Union, the Middle East, and the new United States-Mexico-Canada Agreement. With its much-needed and deeply informed balancing of investor and State rights and duties, this book will be welcomed by all who practise in the ISDS field, including arbitrators, State governments and non-governmental organizations, regional economic organizations, and international investors.
| Author | : Laurence Boisson de Chazournes |
| Publisher | : Hotei Publishing |
| Total Pages | : 0 |
| Release | : 2002 |
| Genre | : Arbitration (International law) |
| ISBN | : 9781571052735 |
This book contains the thoughts of officials of international organisations and NGOs, member of judicial bodies, and academics on the role of international organisations and the settlement of contentious cases before international judicial bodies. At a time when States are delegating a larger range of powers to international organisations their access to international judicial bodies remains very restricted. For example at the International Court of Justice international organisations can play no role in litigating cases. Their only access is the ability to request an 'advisory opinion' and that right is limited to just some UN agencies. In addition to the lack of access, the other theme of this work is a discussion of the issue of the independence of international judicial bodies from the organisations to which they belong. It is crucial for the credibility of the international judicial system for judicial bodies to act independently from the body to which they belong. From the perspective of this book, international organisations are self-contained worlds where judicial and political organs interplay.This is an extremely timely book that will be of interest to practitioners and scholars who are involved in issues related to cases before international judicial bodies.
| Author | : José E. Alvarez |
| Publisher | : BRILL |
| Total Pages | : 488 |
| Release | : 2016-11-07 |
| Genre | : Business & Economics |
| ISBN | : 9004328408 |
The Impact of International Organizations on International Law addresses how international organizations, particularly those within the UN system, have changed the forms, contents, and effects of international law. Professor Jose Alvarez considers the impact on sovereigns and actions taken by the contemporary Security Council, the UN General Assembly, and UN Specialized Agencies such as the World Health Organization. He considers the diverse functions performed by adjudicators – from judges of the International Criminal Court to arbitrators within the international investment regime. This text raises fundamental questions concerning the future of international law given the challenges international organizations pose to legal positivism, to traditional conceptions of sovereignty, and to the rule of law itself. "A masterfully crafted piece of scholarship that engages with the very raison d’être of international organizations. Written by one of the leading authorities in the field, this book provides an insightful, perspicacious and to-the-point analysis of the impact of international organizations in today’s international legal order while also shedding light on their weaknesses. A must read for all those whose work touches upon the law of international organization." ~Laurence Boisson de Chazournes, University of Geneva "The role of Public International Law, rooted largely in decisions of or relating to international institutions, has been steadily, quietly re-shaping international economic relations and other links between states and regions for decades. There is no greater authority on international organizations within the American law community than Professor José Alvarez. This volume illuminates these trends as well as their limitations and vulnerabilities. It delivers a first-rate, incisive primer on the field." ~David M. Malone, Under-Secretary-General of the United Nations, Rector of the UN University
| Author | : United Nations. Codification Division |
| Publisher | : New York : United Nations |
| Total Pages | : 268 |
| Release | : 1992 |
| Genre | : Law |
| ISBN | : |
| Author | : Maurizio Ragazzi |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 515 |
| Release | : 2013-07-04 |
| Genre | : Business & Economics |
| ISBN | : 9004256083 |
In December 2011, the United Nations General Assembly adopted the International Law Commission's articles on the responsibility of international organizations, bringing to conclusion not only nearly ten years of reflection by the Commission, governments and organizations on this specific topic, but also decades of study of the wider subject of international responsibility, which had initially focused on State responsibility. Parallel to this reflection by the Commission, diplomats and public officials, the body of international case-law and literature on the many facets of the topic has steadily been growing. Responsibility of International Organizations: Essays in Memory of Sir Ian Brownlie contributes to the body of international literature by collecting a broad spectrum of different and sometimes differing perspectives from well-known experts in the field, ranging from the bench to the Commission, academia, and the world of in-house counsel. The book is also a memorial to the renowned Sir Ian Brownlie, himself a former Chairman of the International Law Commission who, as a leading scholar and practitioner, greatly contributed to the reflection on international responsibility, including the responsibility of international organizations. Edited by Maurizio Ragazzi, a former pupil of Sir Ian, the book is an ideal companion to International Responsibility Today, a collection of essays on international responsibility which the same editor presented in 2005 in memory of Oscar Schachter, and to which Sir Ian Brownlie had contributed. The essays collected in Responsibility of International Organizations: Essays in Memory of Sir Ian Brownlie, conveniently grouped by the editor under broad areas for the reader's benefit, will be relevant not only to all those interested in this specific subject but also, more generally, to all those engaged in the field of international law and the law of international organizations.
| 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.
| 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.
| Author | : Joseph E. Schwartzberg |
| Publisher | : Brookings Institution Press |
| Total Pages | : 406 |
| Release | : 2016-09-02 |
| Genre | : Political Science |
| ISBN | : 9280871994 |
Global problems require global solutions. The United Nations as presently constituted, however, is incapable of addressing many global problems effectively. One nation– one vote decisionmaking in most UN agencies fails to reflect the distribution of power in the world at large, while the allocation of power in the Security Council is both unfair and anachronistic. Hence, nations are reluctant to endow the United Nations with the authority and the resources it needs. Extensive reform is essential. This analysis is rooted in the proposition that the design of decisionmaking systems greatly affects their legitimacy and effectiveness. Joseph Schwartzberg proposes numerous systemic improvements to the UN system, largely through weighted voting formulas that balance the needs of shareholders and stakeholders in diverse agencies. It indicates ways in which the interests of regions can supplement those of nations while voices of nongovernmental organizations and ordinary citizens can also be heard. In numerous contexts, it promotes meritocracy and gender equity. The book's aim is not to create an unrealistic utopia, but rather to establish a workable world in which the force of law supplants the law of force; a world committed to justice and continuous yet sustainable development. The author argues that, given the many existential threats now confronting our planet, the time frame for decisive action is short. The task is daunting and success is not guaranteed, but in view of the urgency of our situation, we can find ways of mustering the will, imagination, and resources to do the job.
