Diplomatic and Judicial Means of Dispute Settlement

Erscheinungsjahr 2012
ISBN: 978-90-04-20997-8
Verlag: Brill

Buch, Englisch, 338 Seiten, Format (B × H): 159 mm x 244 mm, Gewicht: 1520 g

'Diplomatic and Judicial Means of Dispute Settlement' addresses a question of growing practical and theoretical importance in international law: the synergies and potential conflicts among different means of settling international disputes. The contributing authors, who include some of the world's leading academics and practitioners, analyze various areas where such interactions have become ever more frequent, such as the law of territorial disputes, international criminal law, international trade law, investment arbitration, and human rights. The ground-breaking new volume aims to provide both a survey of prominent case-studies and an analytical framework to foster research on this increasingly important topic.

Zielgruppe

Academics, government officials, private practioners, international civil servants, and all interested in the settlement of international disputes.

Autoren/Hrsg.

Boisson De Chazournes, Laurence

Kohen, Marcelo

Viñuales, Jorge E

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Zivilprozess- und Schiedsverfahrensrecht

Inhaltsverzeichnis

List of Contributors
Acknowledgements

Introduction
Laurence Boisson de Chazournes, Marcelo G. Kohen and Jorge E. Viñuales

Chapter 1: Opening Remarks
H.E. Bernardo Sepúlveda-Amor

Section I: Interaction at the Initiation of a Dispute Settlement Procedure

Chapter 2: Interaction Between Diplomatic and Judicial Means at the Initiation of Proceedings
Marcelo G. Kohen

Chapter 3: Diplomatic Means as a Trigger of Judicial Means: The Security Council and the ICC
Vera Gowlland-Debbas

Chapter 4: The Impact of Arrest Warrants Issued by International Criminal Courts on Peace Negotiations
Paola Gaeta and Lyne Calder

Section II: Interaction During the Proceedings Before an International Court or Tribunal

Chapter 5: Recourse to the International Court of Justice for the Purpose of Settling a Dispute
Pierre-Marie Dupuy

Chapter 6: Diplomatic and Judicial Means of Dispute Resolution and How They Got Along in the Pulp Mills Case
Pablo Sandonato de León

Chapter 7: The Relationship Between Negotiations and Third-party Dispute Settlement at the WTO, with an Emphasis on the EC-Bananas Dispute
Hélène Ruiz-Fabri

Chapter 8: Investment Disputes - Moving Beyond Arbitration
Michael E. Schneider

Section III: Interaction at the Implementation Stage

Chapter 9: Between Saying and Doing: The Diplomatic Means to Implement the International Court of Justice’s iuris dictum
Laurence Boisson de Chazournes and Antonella Angelini

Chapter 10: Implementation of Recommendations and Rulings in the WTO System
Gabrielle Marceau and Jennifer A. Hamaoui

Chapter 11: Monitoring Compliance with the Decisions of Human Rights Courts: Inter-American Particularism
Magnus-Jesko Langer and Elise Hansbury

Chapter 12: The Use of Alternative (Non-judicial) Means to Enforce Investment Awards Against States
Jorge E. Viñuales and Dolores Bentolila

Section IV: Perspectives on the Interaction Between Diplomatic and Judicial Means

Chapter 13: Two Cases in Perspective: Boundary Delimitation in the Bakassi Peninsula and Criminal Accountability in Kenya
Interview of H.E. Kofi Annan Conducted by Nicolas Michel

Chapter 14: Observations on the Relationship Between Diplomatic and Judicial Means of Dispute Settlement
Lucy Reed

Chapter 15: Non-disputing State Submissions in Investment Arbitration: Resurgence of Diplomatic Protection?
Gabrielle Kaufmann-Kohler

Chapter 16: The Interaction Between Diplomatic and Judicial Means in Theoretical Perspective
Georges Abi-Saab

Concluding Observations
Laurence Boisson de Chazournes, Marcelo G. Kohen and Jorge E. Viñuales

Über Autor(innen)

Kohen, Marcelo
Marcelo Kohen is an associate member of the Institute of International Law and a professor of international law at the Graduate Institute of International and Development Studies in Geneva where has been a member of the faculty since 1995. He has also worked as a counsel and advocate for a number of States before the International Court of Justice and has been visiting professor at several European Universities.

Boisson De Chazournes, Laurence
Laurence Boisson de Chazournes is Professor of International Law and International Organization at the Faculty of Law of the University of Geneva. She has published widely in many fields of international law and acts as counsel and arbitrator before various international courts and tribunals.

Viñuales, Jorge E
Jorge E. Viñuales, Ph.D. (Sciences Po Paris), LL.M. (Harvard) is the Pictet Chair in International Environmental Law and an Assistant Professor of Public International Law at The Graduate Institute, Geneva. He has substantial experience as a practitioner and has published widely, most recently Foreign Investment and the Environment in International Law (Cambridge University Press, 2012).

Laurence Boisson de Chazournes is Professor of International Law and International Organization at the Faculty of Law of the University of Geneva. She has published widely in many fields of international law and acts as counsel and arbitrator before various international courts and tribunals. Marcelo Kohen is an associate member of the Institute of International Law and a professor of international law at the Graduate Institute of International and Development Studies in Geneva where has been a member of the faculty since 1995. He has also worked as a counsel and advocate for a number of States before the International Court of Justice and has been visiting professor at several European Universities. Jorge E. Viñuales, Ph.D. (Sciences Po Paris), LL.M. (Harvard) is the Pictet Chair in International Environmental Law and an Assistant Professor of Public International Law at The Graduate Institute, Geneva. He has substantial experience as a practitioner and has published widely, most recently Foreign Investment and the Environment in International Law (Cambridge University Press, 2012).