International Law and Dispute Settlement New Problems and Techniques

by French, Duncan; Saul, Matthew; White, Nigel D.

• ISBN13: 9781841139128
• ISBN10: 1841139122
• Format: Hardcover
• Copyright: 2010-03-04
• Publisher: Hart Publishing

Summary

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.

Author Biography

Duncan French is Professor of International Law and Head of the Law School at the University of Lincoln.
Matthew Saul is a Lecturer in Law at Durham Law School, University of Durham.
Nigel D White is Professor of Public International Law at the University of Nottingham.

Table of Contents

Foreword	p. vii
Preface	p. ix
List of Contributors	p. xiii
List of Abbreviations	p. xv
Introduction	p. xix
The Changing Face of International Adjudication	p. 1
Private Disputes and the Public Interest in International Law	p. 3
The International Court of Justice and Environmental Disputes	p. 17
Complaint and Grievance Mechanisms in International Dispute Settlement	p. 57
Stuck in the Middle With You?: Alternative Approaches to Realising Accountability for Human Rights Violations by Business	p. 87
Problems and Techniques in Substantive Areas of International Law	p. 109
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?	p. 111
Trends in Dispute Settlement in the Law of the Sea: Towards the Increasing Availability of Compulsory Means	p. 143
The WTO Dispute Settlement Mechanism as a New Technique for Settling Disputes in International Law	p. 173
Legal Means of Dispute Settlement in the Field of Collective Security: The Quasi-Judicial Powers of the Security Council	p. 191
Non-compliance Procedures and Dispute Resolution Mechanisms under International Environmental Agreements	p. 225
The Antarctic Treaty after 50 Years	p. 271
Cross-border Family Mediation	p. 297
The Regional Dimension	p. 319
Aspects of the African Court of Justice and Human Rights	p. 321
The EU, the ECHR and the Effective Protection of Human Rights for Individuals	p. 345
The European Court of Justice as a Constitutional Court: Implications for the EU and International Legal Orders	p. 367
Bibliography of JG Merrills' work	p. 389
Index	p. 395
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