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Vol 21 No 11 Nov/Dec 2016

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Economic Conflicts and Disputes Before the World Court (1922-1995)

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ISBN13: 9789041101952
ISBN: 9041101950
Published: July 1998
Publisher: Brill Academic Publishers
Country of Publication: The Netherlands
Format: Hardback
Price: £188.00



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This study on the role of both the International Court of Justice and its predecessor, the Permanent Court of International Justice, in dealing with disputes of an economic nature provides an analysis of an important problem that has so far been neglected and arrives at interesting conclusions, challenging the widespread view that the Court is not an appropriate forum to handle economic disputes between states.;While much depends on the definition of what an ""economic"" dispute is, if one attempts to compare the use in such cases of adjudication through the standing Court with the use of more flexible arbitration by specially created bodies as methods of binding third-party dispute settlement, Professor Wellens' results offer insights. They also support the general observation that the differences between adjudication and arbitration, the distinction between which was relatively clear in the past, are in fact diminishing.

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Contents:
Part One: Basic Elements of the Problems. I. Fundamental Elements of the Court's Function. II. Judicial Caution and Judicial Restraint: Some Remarks. III. Attitude of States: An Inventory of Optional Clauses and ""clauses compromissoires"" on Economic Matters. Part Two: The Court's Jurisprudence: The Results of An Inventory. IV. Economic Facts, Factors and Circumstances: Relevant but Outside the Scope of the Judicial Function. VI. Economic Rights and Obligations as the Subject-Matter of the Dispute. Part Three: Evaluation and Recommendations. VII. Evaluation of the Court's General Approach. VIII. Recommendations.