The very purpose of international law is the peaceful settlement of international disputes. Over centuries, states and more recently, organizations have created substantive rules and principles, as well as affiliated procedures, in the pursuit of the peaceful settlement of disputes. This volume of the Library of Essays in International Law focuses on the classic procedures of peaceful settlement: negotiation, good offices, inquiry, conciliation, arbitration, judicial settlement, and agencies for dispute resolution. The introduction provides a unique historic overview, explaining how the procedures first developed and changed over time. Each chapter features a seminal essay that helped create the changes described in the introduction. Being at the center of international law, dispute resolution has always been a core topic of international scholarship, this volume brings together for the first time, the pivotal writing in the field.
Table of Contents
Contents: Overview: An overview of international dispute settlement, Richard B. Bilder. Negotiation and Consultation: Consultation and negotiation in the pacific settlement of international disputes, Charles Manga Fombad; International law, mediation and negotiation, Manfred Lachs. Good Offices and Mediation: The good offices of the United Nations Secretary-General in the field of human rights, B.G. Ramcharan; International mediation - the view from the Vatican: lessons from mediating the Beagle Channel dispute, Thomas Princen. Inquiry and Conciliation: The place of commissions of inquiry and conciliation treaties in the peaceful settlement of international disputes, Charles Cheney Hyde; Accidents and crises: the Dogger Bank affair, Richard Ned Lebow. Arbitration: States and the undertaking to arbitrate, Hazel Fox; Retaliation or arbitration or both? The 1978 United States-France aviation dispute, Lori Fisler Damrosch; The nature of the Iran-United States claims tribunal and the evolving structure of international dispute resolution, David D. Caron; Strengthening GATT procedures for settling trade disputes, Ernst-Ulrich Petersmann;. Judicial Settlement: Decline of the optional clause, C.H.M. Waldock; Settlement of disputes arising out of Law of the Sea convention, Louis B. Sohn; Invoking international human rights law in domestic courts, Richard B. Lillich; The time has come for an international criminal court, M. Cherif Bassiouni; The proliferation of adjudicatory bodies: dangers and possible answers, Robert Y. Jennings. Agencies: The place of international law in the settlement of disputes by the Security Council, Rosalyn Higgins. The Future of International Dispute Settlement: Legalized dispute resolution: interstate and transnational, Robert O. Keohane, Andrew Moravcsik and Anne Marie Slaughter; Alternative dispute resolution under international law, Christine Chinkin; Name index.
’Professor Mary Ellen O'Connell has brought together a collection of some of the more searching explorations of the modes of international dispute settlement of the last seven decades. It is a collection that deserves the study of the student, the teacher and the practitioner.’ Judge Stephen M. Schwebel, USA