The Settlement of Disputes in International Law

This new book... is... a welcome addition to recent works on dispute resolution... One of the distinguishing features of the book is the combination of the analysis of the settlement of interstate disputes and disputes in which private parties are involved... In one respect, the authors have managed, I believe, to achieve almost the impossible. In only 273 pages they describe succinctly, but at the same time exhaustively, structures and procedures of almost all the most important international mechanisms of dispute resolution, and analyse rather incisively various aspects of some prominent cases decided by these mechanisms and procedures. I do not know of any other work that discusses these issues so concisely and clearly.

Auteur
John Collier retired as Lecturer in Law and Fellow of Trinity Hall, Cambridge in 2001. Vaughan Lowe, QC is Emeritus Chichele Professor of Public International Law and a Fellow of All Souls College. He was formerly Reader in International Law and a Fellow of Corpus Christi College in the University of Cambridge; and before that he taught at the universities of Cardiff and Manchester and, as a visiting professor, in the USA. He practices as a barrister from Essex Court Chambers, London. He has advised governments and corporations on matters of international law, and is the author of many books and articles on the subject. He was appointed QC in 2008. Antonios Tzanakopoulos is a University Lecturer in Public International Law at the University of Oxford and a Fellow of St Anne's College. Prior to that he was a Lecturer in Public International Law at University College London. He has taught at the Universities of Oxford and Glasgow. He studied law in Athens, New York, and Oxford. Antonios is a qualified lawyer with the Athens Bar in Greece, Associate Editor for the Oxford Reports on International Law in Domestic Courts, and collaborateur scientifique of the Hellenic Institute for International and Foreign Law.

Texte du rabat

The first edition of this book was a seminal text on international dispute settlement. This new edition fully revises and updates the work to once again make it essential reading for practitioners involved in the settlement of international disputes, as well as all students and scholars of this field.

Résumé
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.

Contenu

• 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