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Chapter

Cover Brownlie's Principles of Public International Law

32. Third party settlement of international disputes  

This chapter discusses the third party settlement of international disputes. It covers arbitration and the origins of international dispute settlement; the idea of judicial settlement of international disputes; the International Court of Justice, interstate arbitration, dispute settlement under UNCLOS, the WTO dispute settlement body, and international investment tribunals.

Chapter

Cover International Law Concentrate

10. Peaceful settlement of disputes  

This chapter examines the means and methods relating to the peaceful settlement of international disputes. The UN Charter obliges States to resolve their disputes peacefully and suggests certain means for such settlement: on the one hand, diplomatic means, like negotiation, mediation, conciliation, or the ‘good offices’ of the UN Secretary General and, on the other, legal methods, such as arbitration and recourse to the International Court of Justice (ICJ), which are binding. The ICJ exercises its jurisdiction over contentious cases only upon the consent of the parties to the dispute, which may be expressed through various forms (eg compromis or optional clause declaration). The ICJ may also render advisory opinions to questions of international law posed by the UN General Assembly, the Security Council, or other competent organs and organizations. The chapter also explains dispute settlement in the context of international investor–State arbitration and in the World Trade Organization.

Chapter

Cover Cassese's International Law

13. Peaceful Settlement of International Disputes  

Paola Gaeta, Jorge E. Viñuales, and Salvatore Zappalà

The general obligation of peaceful settlement of disputes complementing the general ban on the use or threat of force prompted States to revitalize and strengthen the traditional means for settling disputes and establish innovative and flexible mechanisms for preventing disputes or, more generally, inducing compliance with international law. This chapter discusses the so-called diplomatic mechanisms for promoting agreement between disputants, the so-called judicial means (arbitration and adjudication), and the interplay between them. The chapter further examines the establishment of more flexible mechanisms for either preventing or settling disputes, in particular non-compliance and supervisory procedures.

Chapter

Cover International Law

12. The peaceful settlement of disputes  

This chapter discusses some of the more relevant methods for peaceful dispute settlement. It begins by introducing a number of non-adjudicatory settlement mechanisms and providing a brief overview of the role played by the UN. It then discusses the adjudicatory means of settling disputes, including international arbitration; the competences and powers of the International Court of Justice; issues of access to the Court and the Court’s jurisdiction in contentious cases; the power of the Court to issue provisional measures; the effects of the Court’s decisions; the relationship between the Court and the UN Security Council; and the Court’s competence to issue advisory opinions.

Chapter

Cover Cases & Materials on International Law

16. Peaceful Settlement of International Disputes  

An international legal order must have rules in regard to the settlement of disputes. These rules are particularly necessary in an international community where States are not equal in terms of diplomatic power, access to weapons or access to resources, and where there is the potential for massive harm to people and to territory. This chapter discusses the general obligation on States; non-judicial settlement procedures; arbitration; specific international tribunals; the International Court of Justice and its interaction with the Security Council.

Chapter

Cover International Law

12. International dispute settlement and the ICJ  

This chapter examines the various political or diplomatic methods available for international dispute settlement. These methods include negotiation, mediation or ‘good offices’, inquiry, and conciliation. The array of diplomatic techniques available to parties to resolve a dispute is complemented by various means of settling disputes through the application of binding solutions based on the law. Two in particular, arbitration and adjudication, principally developed from earlier forms of non-binding settlement. Though these are different, they are linked by two principal characteristics. Foremost, they allow for a third party to issue a decision that is binding on the parties. Secondly, resorting to these methods requires the prior consent of the parties. The chapter then considers the International Court of Justice, the ‘principal judicial organ’ of the United Nations. The ICJ’s structure was frequently utilized as a model for later judicial institutions, making an enormous contribution to the development of international law.

Chapter

Cover Cassese's International Law

21. International Law and the Global Economy  

Paola Gaeta, Jorge E. Viñuales, and Salvatore Zappalà

This chapter discusses the historical development and contemporary operation of international economic law, with a focus on trade, development, and monetary and investment relations. It pays particular attention to the emergence of the system with the 1944 Bretton Woods Conferences establishing the IMF and the World Bank, the adoption of the GATT in 1947, the revindications and influence of developing countries on the evolution of the system (with the declaration of a New International Economic Order), and the contemporary law of international trade (under the World Trade Organization) and foreign investment transactions (under investment agreements protected by investment arbitration organized under the ICSID).

Chapter

Cover International Law

7. The Global Environment  

Celebrated for their conceptual clarity, titles in the Clarendon Law Series offer concise, accessible overviews of major fields of law and legal thought. This chapter discusses the development of international environmental law. It first considers the Behring Sea Fur Seal arbitration in 1893, as early stirrings of the subject. It then turns to developments after 1945, including the Stockholm Declaration 1972; and the 1992 UN Conference on Environment and Development (UNCED) that resulted in two documents: the Rio Declaration on Environment and Development, which sets out principles designed to reconcile environmental and developmental needs, and Agenda 21, which included proposals on ways to tackle ‘the delicate balance between environmental and developmental concerns’ in the twenty-first century. Next the chapter discusses techniques employed to achieve the aims of international agreements, including prohibitions, setting targets, information and informed consent, environmental impact assessment, licensing, monitoring and reporting, safe procedures and cleaning up, and liability.

Chapter

Cover International Law

12. The peaceful settlement of disputes  

This chapter discusses some of the more relevant methods for peaceful dispute settlement. It begins by introducing a number of non-adjudicatory settlement mechanisms and providing a brief overview of the role played by the UN. It then discusses the adjudicatory means of settling disputes, including international arbitration; the competences and powers of the International Court of Justice; issues of access to the Court and the Court’s jurisdiction in contentious cases; the power of the Court to issue provisional measures; the effects of the Court’s decisions; the relationship between the Court and the UN Security Council; and the Court’s competence to issue advisory opinions.