The International Arbitration of Territorial Disputes

The International Arbitration of Territorial Disputes
Author: Asaf Siniver
Publisher: Oxford University Press
Total Pages: 257
Release: 2024-06-20
Genre: Political Science
ISBN: 0192642855

Asaf Siniver provides a systematic and comparative analysis of the role of international arbitration in the settlement of interstate territorial disputes. He engages with International Relations (IR) and International Law (IL) scholarships to locate the unique characteristics of arbitration as a legal method of dispute settlement, distinct from the other legal method of adjudication ('judicial settlement') and diplomatic methods such as negotiation and mediation. A novel framework examines both political and legal dimensions to analyse (i) under what conditions states are more likely to pursue a legal settlement of their territorial dispute via arbitration as opposed to the more popular diplomatic method of mediation, and (ii) what explains compliance with, or defiance of international law in such cases. In so doing, the author sets to reclaim the sui generis nature of arbitration as a unique legal-political method which enables the disputants to maintain the considerable flexibility and autonomy often found in mediation, whilst providing the same final and legally binding solution that adjudication offers. Exploring a wide range of primary sources, including interviews, archival research, and official documents, and employing qualitative research methods, Siniver applies the analytical framework to four contemporary cases of international arbitration: the arbitration over the Rann of Kutch between India and Pakistan (1966-68); the Beagle Channel arbitration between Chile and Argentina (1971-77), the Taba arbitration between Egypt and Israel (1986-88), and the South China Sea arbitration between The Philippines and China (2013-16).

The Search for Peace in the Arab-Israeli Conflict

The Search for Peace in the Arab-Israeli Conflict
Author: Terje Rød-Larsen
Publisher: Oxford University Press, USA
Total Pages: 1346
Release: 2014
Genre: History
ISBN: 019921610X

The Search for Peace in the Middle East provides an annotated overview of attempts to make peace in the region, including all relevant documents related to the Arab-Israeli conflict over the past century since the Sykes-Picot Agreement of 1916, and a full set of accompanying maps specially made for this edition.

International Law and the Arab-Israeli Conflict

International Law and the Arab-Israeli Conflict
Author: Robbie Sabel
Publisher: Cambridge University Press
Total Pages: 465
Release: 2022-04-28
Genre: History
ISBN: 1108486843

An insider's look at the role international law plays in Arab-Israeli negotiations in the Middle East.

Essays on International Law and Practice

Essays on International Law and Practice
Author: Shabtai Rosenne
Publisher: BRILL
Total Pages: 700
Release: 2007-05-30
Genre: Law
ISBN: 9047421108

This volume collects papers written by Shabtai Rosenne in the course of his distinguished career on various topics, primarily in the areas in which he is best known for his expertise: international litigation and courts, the law of treaties, the law of the sea and state responsibility. His writing on fact-finding before the International Court of Justice, treaty succession, codification and the framework agreement as the basis for the jurisdiction of the ICJ in particular remain as interesting, timely and essential today as when they were first written. The collection is accompanied by a table of cases, a table of treaties and an index for easy reference.

Flexibility in International Dispute Settlement

Flexibility in International Dispute Settlement
Author: Christian Tomuschat
Publisher: BRILL
Total Pages: 307
Release: 2020-07-13
Genre: Law
ISBN: 9004433139

In recent years, the tendency has been to settle international disputes by informal methods. Among those methods conciliation has seen a successful revival, after many years of decline, in the case of Timor Leste v. Australia while inter-State complaint proceedings under the UN-sponsored human rights treaties have unexpectedly reached their merits stage of conciliation. The present book takes stock of these developments by portraying, at the same time, the potential of the OSCE Court of Conciliation and Arbitration which still remains to be fully activated. Additionally, the contributions reach out to geographical areas in Africa and Asia. An analysis of the relevant procedural mechanisms completes the study to which 14 authors from nine different countries have contributed. See inside the book.