1st Edition
Negotiations in the Case Law of the International Court of Justice A Functional Analysis
By Karel Wellens
Copyright 2014
358 Pages
by
Routledge
358 Pages
by
Routledge
358 Pages
by
Routledge
Also available as eBook on:
This book examines the multifunctional role negotiations play in the jurisprudence of the International Court of Justice. Prior negotiations may be necessary to bring to the surface and clarify the legal aspects of a dispute before its submission to the ICJ. Negotiations may play a potential and parallel role during the course of the proceedings; results of negotiations may find their way into the... Read more
Introduction; Chapter 1 The Dynamics of Negotiations as a Process from an International Relations Perspective: A Brief Visit; Part I Negotiations in the Pre-Adjudicative Phase; Chapter 1a The Multifunctionality of Negotiations as Means for the Peaceful Settlement of Disputes and their Status under International Law; Chapter 2 A First Visit to the Functional Interaction between Negotiations and Adjudication by the Court as Mechanisms for the Peaceful Settlement of Disputes; Chapter 3 Negotiations as a Precondition for the Submission of a Dispute to the Court; Part II Negotiations and the Adjudicative Phase; Chapter 4 Entering the Peace Palace: Seisin of the Court and Meetings with the President; Chapter 5 The Existence and Nature of a Dispute and Failed Negotiations are the Keys to the Great Hall of Justice, But Who is the Key Holder?; Chapter 6 Negotiations during the Course of the Proceedings; Chapter 7 Negotiations and their Role in the Judicial Settlement by the Court; Part III Negotiations during the Post-Adjudicative Phase; Chapter 8 Functional Interaction in the Post-Adjudicative Phase; Chapter 9 Failed Post-Adjudicative Negotiations and Returning to the Court; Chapter 10 Conclusions;
Biography
Karel Wellens is Emeritus Professor of International Law, Faculty of Law, Radboud University Nijmegen, The Netherlands.
