Suchergebnisse

part PART I: OVERVIEW -- chapter 1 An Overview of International Dispute Settlement -- part PART II: NEGOTIATION AND CONSULTATION -- chapter 2 Consultation and Negotiation in the Pacific Settlement of International Disputes -- chapter 3 International Law, Mediation, and Negotiation -- part PART III: GOOD OFFICES AND MEDIATION -- chapter 4 The Good Offices of the United Nations Secretary-General in the Field of Human Rights -- chapter 5 International Mediation–The View from the Vatican: Lessons from Mediating the Beagle Channel Dispute -- part PART IV: INQUIRY AND CONCILIATION -- chapter 6 The Place of Commissions of Inquiry and Conciliation Treaties in the Peaceful Settlement of International Disputes -- chapter 7 Accidents and Crises: The Dogger Bank Affair -- part PART V: ARBITRATION -- chapter 8 States and the Undertaking to Arbitrate -- chapter 9 Retaliation or Arbitration–or Both? The 1978 United States-France Aviation Dispute -- chapter 10 The Nature of the Iran–United States Claims Tribunal and the Evolving Structure of International Dispute Resolution -- chapter 11 Strengthening GATT Procedures for Settling Trade Disputes -- part PART VI: JUDICIAL SETTLEMENT -- chapter 12 Decline of the Optional Clause -- chapter 13 Settlement of Disputes Arising Out of the Law of the Sea Convention -- chapter 14 Invoking International Human Rights Law in Domestic Courts -- chapter 15 The Time Has Come for an International Criminal Court -- chapter 16 The Proliferation of Adjudicatory Bodies: Dangers and Possible Answers -- part PART VII: AGENCIES -- chapter 17 The Place of International Law in the Settlement of Disputes by the Security Council -- part PART VIII: THE FUTURE OF INTERNATIONAL DISPUTE SETTLEMENT -- chapter 18 Legalized Dispute Resolution: Interstate and Transnational -- chapter 19 Alternative Dispute Resolution under International Law.

The latest edition of this successful textbook on the techniques and institutions used to solve international disputes, how they work and when they are used, 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, helping the reader to understand the strengths and weaknesses of different methods when they are used. Fully updated throughout, the sixth edition includes all the latest case law, as well as new sections on investment arbitration and regional trade disputes. It is an essential resource for advanced undergraduate and postgraduate courses on international dispute settlement.

"The writing of a new edition of an existing textbook is a challenge, but one that I have gladly accepted and taken on. This seventh edition is rightly entitled 'Merrills' International Dispute Settlement'. In revising the text, I have not only sought to provide an update on the evolutions which had taken place since the last edition, but I have also, and perhaps mostl importantly, tried to maintain and be faithful to the approach adopted by Professor Merrills. It has not been my ambition, for that reason, to completely overhaul the structure and approach adopted in this book, with the risk of otherwise transforming it into a completely new text which would have been too remote from the original intention of Professor Merrills. I have approached the new edition above all as an update and revision of Professor Merrills' work, not my own book on international dispute settlement"--

The fully revised seventh edition of this successful textbook explains the legal and diplomatic methods and organisations used to solve international disputes, how they work and when they are used. It looks at diplomatic (negotiation, mediation, inquiry and conciliation) and legal methods (arbitration, judicial settlement). It uses many, up-to-date examples of each method in practice to place the theory of how the law works in real-life situations, demonstrating the strengths and weaknesses of different methods when they are used. Fully updated throughout, the seventh edition includes a new introduction explaining the common principles of settlement and a chapter on investor-state arbitration, as well as recommended further readings at the end of each chapter. It is an essential resource for advanced undergraduate and postgraduate courses on international dispute settlement.

This publication succeeds previously published seminars of the Max Planck Institute for Comparative Public Law and International Law (Heidelberg, Germany) dealing with evolving principles and new developments in international law. Due to the limits of traditional dispute settlement in international law and the ongoing scholarly debate on those limits, it focuses on possible innovations and functional approaches to improve international dispute settlement mechanisms. In doing so, it covers a wide variety of topics such as procedures of the WTO, advisory opinions of international courts and tribunals, the privatization of international dispute settlement, the interaction between counsels and international courts and tribunals, and the law-making function of international courts. The aim of this publication is to contribute to the cross-fertilization between these mechanisms and to offer creative impulses for the promotion of international dispute settlement.

This publication succeeds previously published seminars of the Max Planck Institute for Comparative Public Law and International Law (Heidelberg, Germany) dealing with evolving principles and new developments in international law. Due to the limits of traditional dispute settlement in international law and the ongoing scholarly debate on those limits, it focuses on possible innovations and functional approaches to improve international dispute settlement mechanisms. In doing so, it covers a wide variety of topics such as procedures of the WTO, advisory opinions of international courts and tribunals, the privatization of international dispute settlement, the interaction between counsels and international courts and tribunals, and the law-making function of international courts. The aim of this publication is to contribute to the cross-fertilization between these mechanisms and to offer creative impulses for the promotion of international dispute settlement.