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International Law and Dispute Settlement

New Problems and Techniques

Editor(s): Duncan French, Matthew Saul, Nigel D White
Media of International Law and Dispute Settlement
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Published: 08-03-2012
Format: Paperback
Edition: 1st
Extent: 444
ISBN: 9781849463591
Imprint: Hart Publishing
Series: Studies in International Law
Dimensions: 234 x 156 mm
RRP: £41.99
Online price : £37.79
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Loren Epson

About International Law and Dispute Settlement

International dispute settlement plays a fundamental role in maintaining the fabric of the international legal order, reflecting the desire of States, and increasingly non-State actors, to resolve their differences through international dispute procedures and other legal mechanisms. This edited collection focuses upon the growth and complexity of such legal methods, which includes judicial settlement (courts and tribunals), arbitration and other legal (or what might be termed 'extra-legal') means (international organisations, committees, inspection panels, and ombudsmen).

In this important collection, such mechanisms are compared and evaluated side-by-side to provide, in one volume, a detailed and analytical account of the current framework. Ranging from key conceptual issues of proliferation of legal mechanisms and the associated risks of fragmentation through to innovations in dispute settlement mechanisms in many topical areas of international law, including international trade law, collective security law and regional law, this collection, written by leading international lawyers, provides a major study in the ongoing trends and emerging problems in this crucial area of international law.

This edited collection is published to mark the retirement of Professor John Merrills, Emeritus Professor of International Law, University of Sheffield, who has written widely on international law and human rights law, but is probably best known for his work on the settlement of international disputes, evidenced by the enduring appeal of his leading text International Dispute Settlement, now in its fourth edition.

Table Of Contents

Part 1 The Changing Face of International Adjudication
1. Private Disputes and the Public Interest in International Law Vaughan Lowe
2. The International Court of Justice and Environmental Disputes Malgosia Fitzmaurice
3. Complaint and Grievance Mechanisms in International Dispute Settlement Duncan French and Richard Kirkham
4. Stuck in the Middle With You?: Alternative Approaches to Realising Accountability for Human Rights Violations by Business Sorcha Macleod
Part 2 Problems and Techniques in Substantive Areas of International Law
5. Practice and Procedure of Dispute Settlement in Individual Communication Cases within the Human Rights Committee and the Committee on the Elimination of Discrimination against Women: Congruence or Conflict? Sandy Ghandhi
6. Trends in Dispute Settlement in the Law of the Sea: Towards the Increasing Availability of Compulsory Means Robin Churchill
7. The WTO Dispute Settlement Mechanism as a New Technique for Settling Disputes in International Law Surya P Subedi
8. Legal Means of Dispute Settlement in the Field of Collective Security: The Quasi-Judicial Powers of the Security Council Nigel D White and Matthew Saul
9. Non-compliance Procedures and Dispute Resolution Mechanisms under International Environmental Agreements Karen N Scott
10. The Antarctic Treaty after 50 Years James Crawford
11. Cross-border Family Mediation Kisch Beevers
Part 3 The Regional Dimension
12. Aspects of the African Court of Justice and Human Rights Gino J Naldi
13. The EU, the ECHR and the Effective Protection of Human Rights for Individuals Tawhida Ahmed
14. The European Court of Justice as a Constitutional Court: Implications for the EU and International Legal Orders Paul James Cardwell

Reviews

“Through an exceptional collection of contributions covering a wide range of the currently available dispute settlement mechanisms, a fitting honour is given to one of the most influential scholars in the field:” –  Professor John G. Merrills.,

“The relatively modest number of selected texts (14 contributions) is compensated by the outstanding quality of each contribution.

By joining under the same cover very different perspectives on current dispute settlement mechanisms this Festschrift offers the keen reader in any of the substantive areas covered – or even to the specialist in dispute settlement – the possibility to discover in its pages a fresh angle from which disputes can be tackled, very much in the same style as Professor Merrills' celebrated International Dispute Settlement.

Different to many other collective works, the book manages to maintain a high standard throughout all the collaborations.

...a delectable volume of superior quality, academic calibre, and worthy of frequent consultation has been produced. Undoubtedly it should stand as a natural complement to Merrill's International Dispute Settlement in any library.





” –  Lesther Antonio Ortega Lemus, Netherlands International Law Review

“A unique and groundbreaking addition to the literature that everyone concerned with international law and dispute resolution should read. The contributors, the editors, the publishers and everyone else involved in making it a reality must be congratulated.” –  Won Kidane, The Law and Politics Book Review

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