International Dispute SettlementCambridge University Press, 26/11/1998 - 354 páginas This is a completely updated edition of this definitive overview of peaceful settlement of international disputes. The book will appeal to lawyers and political scientists with an interest in international law and also to students. The third edition includes references to all recent International Court cases and to the latest arbitration awards. The chapter on the United Nations has been updated to take account of new activities of the Security Council. Since the end of the Cold War this third edition includes a completely new chapter on the settlement of international trade disputes with particular reference to the World Trade Organization. Documents in the Appendix have been reviewed and added to in the new edition. |
Índice
NEGOTIATION | 1 |
Consultation | 3 |
Forms of negotiation | 8 |
Substantive aspects of negotiation | 12 |
Negotiation and adjudication | 17 |
Limitations of negotiation | 22 |
MEDIATION | 27 |
Mediators | 28 |
THE LAW OF THE SEA CONVENTION | 170 |
The principle of compulsory settlement | 172 |
Exceptions to the principle of compulsory settlement | 175 |
Conciliation | 178 |
Arbitration | 180 |
Special arbitration | 183 |
The International Tribunal for the Law of the Sea | 185 |
The SeaBed Disputes Chamber | 187 |
Consent to mediation | 31 |
Functions of mediation | 35 |
The limits of mediation | 39 |
INQUIRY | 44 |
The 1899 Hague Convention | 45 |
The Dogger Bank inquiry | 46 |
Inquiries under the 1907 Hague Convention | 47 |
Treaty practice 19111940 | 51 |
The Red Crusader inquiry | 52 |
The Letelier and Moffitt case | 55 |
The value of inquiry | 58 |
CONCILIATION | 62 |
The work of commissions of conciliation | 65 |
The practice of conciliation | 70 |
The place of conciliation in modern treaty law | 74 |
Further developments | 79 |
The significance of conciliation | 84 |
ARBITRATION | 88 |
The selection of arbitrators | 92 |
Terms of reference | 95 |
Basis of the decision | 99 |
Effect of the award | 105 |
Private international arbitration | 111 |
The utility of arbitration | 115 |
THE INTERNATIONAL COURT I ORGANISATION AND PROCEDURE | 121 |
Jurisdictional disputes | 124 |
Incidental and advisory jurisdiction | 129 |
Membership of the Court | 137 |
Chambers | 140 |
THE INTERNATIONAL COURT II THE WORK OF THE COURT | 146 |
Extension of the Courts function | 151 |
Legal and political disputes | 155 |
The effect of judgments | 159 |
The significance of the Court | 164 |
Establishing the ITLS | 190 |
The significance of the Convention | 193 |
INTERNATIONAL TRADE DISPUTES | 197 |
The Dispute Settlement Understanding | 199 |
Consultations | 201 |
Good offices conciliation and mediation | 202 |
Panel proceedings | 205 |
Appellate review | 208 |
Implementation of rulings and recommendations | 212 |
Arbitration | 214 |
The WTO system in context | 216 |
THE UNITED NATIONS | 220 |
The machinery of the Organisation | 221 |
The work of the Security Council and General Assembly | 223 |
The role of the SecretaryGeneral | 226 |
The political organs and the International Court | 233 |
Peacekeeping operations | 238 |
Action under Chapter VII | 245 |
Are decisions of the political organs open to legal challenge? | 249 |
The effectiveness of the United Nations | 252 |
REGIONAL ORGANISATIONS | 259 |
The role of regional organisations in disputes | 266 |
Limitations of regional organisations | 272 |
Regional organisations and adjudication | 276 |
Regional organisations and the United Nations | 280 |
TRENDS AND PROSPECTS | 285 |
A political perspective | 288 |
A legal perspective | 292 |
Improving the capacity of political methods | 298 |
Improving the capacity of legal methods | 304 |
Conclusion | 310 |
Appendix | 312 |
| 343 | |
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Palavras e frases frequentes
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