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Vol 21 No 11 Nov/Dec 2016

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The Settlement of Disputes in International Law: Institutions and Procedures 2nd ed

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ISBN13: 9780199681105
Previous Edition ISBN: 0198299273
To be Published: July 2019
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback
Price: £34.99
Hardback edition not yet published, ISBN13 9780199681099



The fully revised and updated new edition of this authoritative work provides a clear and detailed analysis of the institutions and procedures for the settlement of international disputes. There has been a continued expansion of the number of international tribunals and the number of cases before international courts in recent years. The proliferation of such fora and of the jurisprudence they generate has made it essential to understand and regulate evolving and competing jurisdictions. This new edition authoritatively sets out the substance and procedure of the law of international dispute settlement in the context of these new developments.

The first part of the book examines the different methods and institutions of dispute settlement. It introduces the most important dispute settlement methods and discusses the role of domestic courts in settling international disputes. It assesses the institutions of general jurisdiction, notably the International Court of Justice, and the various sectoral regimes of dispute settlement. Part two provides a comprehensive examination of procedure before an international court or tribunal. It sets out the shared elements of procedure, while also highlighting the important procedural differences between the various international courts and arbitral bodies. This section includes an discussion of the law of evidence and the conduct of counsel in international adjudication. The third part focuses on the problems facing the system of international dispute settlement as a result of the proliferation of dispute resolution mechanisms, and the augmenting specialization and fragmentation of international law. It analyses the various ways competing jurisdictions can be regulated to avoid creating conflicting decisions, and the resultant systemic incoherence. The book remains essential reading for both students of international law and international legal practitioners.

  • New edition of the definitive work on international dispute settlement
  • Provides a clear and comprehensive analysis of the institutions and common procedures of the international system of dispute settlement
  • Examines the fundamental problems created by the proliferation of dispute resolution mechanisms, assessing potential means to avoid creating incoherence in the system
New to this edition

  • Retains the first edition's ground-breaking structure, and builds on it to deliver a comprehensive view of the modern international system of dispute settlement
  • New sections on the role of domestic courts in dispute settlement; evidence and the conduct of counsel in international adjudication; and the key differences between global and sectoral regimes
  • Addresses the challenges ahead in view of the proliferation, progressive specialization, and 'compartmentalization' of dispute settlement mechanisms

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Subjects:
Public International Law
Contents:
1: Introduction

Part 1: Institutions
2: Methods of Dispute Settlement: The Basic Framework
3: The Role of Domestic Courts in the Settlement of International Disputes
Section 1: Institutions of General Jurisdiction
4: Arbitration
5: The International Court of Justice
Section 2: Institutions of Special/Limited Jurisdiction
6: Dispute Settlement in the Law of the Sea
7: The Settlement of International Economic Disputes
8: The Settlement of International Investment Disputes
9: Dispute Settlement and the Global Environment
10: Disputes between the Individual and the State
11: Dispute Settlement in International Sport

Part 2: Procedure
Section 1: Dynamic View
12: The Initial Stages
13: Preliminary Objections
14: Provisional Measures
15: Third Parties
16: The Judgment or Award
Section 2: Static View
17: The Tribunal
18: The Bench
19: Pleadings and Hearings
20: Conduct of Counsel
21: Evidence

Part 3: Problems of the International Dispute Settlement System
22: The Proliferation of International Courts and Tribunals
23: Regulating Competing Jurisdictions
24: Outlook