International Dispute Settlement

Introduction

International Dispute Settlement | Research Guide International Law

International dispute settlement is concerned with the techniques and institutions which are used to solve international disputes between States and/or international organizations. International disputes can be solved either by use of force (coercion) or by peaceful settlement. Techniques used for peaceful settlement of international disputes are negotiation, inquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice (Art. 33, UN Charter).

This Research Guide is intended as a starting point for research on International Dispute Settlement. It provides the basic legal materials available in the Peace Palace Library, both in print and electronic format. Handbooks, leading articles, bibliographies, periodicals, serial publications and documents of interest are presented in the Selective Bibliography section. Links to the PPL Catalogue are inserted. The Library’s classification index codes 180. Pacific Settlement in General, 185. Arbitration and Courts : General Works and subject heading (keyword) International Dispute Settlement are instrumental for searching through the Catalogue. Special attention is given to our subscriptions on databases, e-journals, e-books and other electronic resources. Finally, this Research Guide features links to relevant websites and other online resources of particular interest.

Bibliography

Reference works

Recent books

 Leading articles

Documents

Periodicals, serial publications

Bibliographies

New titles


1. Foreign investment disputes
Foreign investment disputes : cases, materials and commentary / R. Doak Bishop, James Crawford and W. Michael Reisman. - Second edition. - Alphen aan den Rijn : Wolters Kluwer, Law & Business, 2014. - LVII, 1290 pages. ; 25 cm First edition: 2005. - Includes bibliographical references and index. - 2014
Keywords: Foreign direct investment, International arbitration,

2. Nuevos diálogos sobre la justicia internacional
Nuevos diálogos sobre la justicia internacional : ciclo de conferencias / Bernardo Sepúlveda Amor, coordinador. - México : Secretaría de Relaciones Exteriores, Consultoría Jurídica, Dirección General del Acervo Histórico Diplomático, 2012. - 265 pages. ; 23 cm Proceedings of a cycle of conferences sponsored by Secretaría de Relaciones Exteriores, Senado de la República, and Universidad Nacional Autónoma de México, Facultad de Derecho and Instituto de Investigaciones Jurídicas. - 2012
Keywords: International courts, International law, International dispute settlement, International law and domestic law,

3. ¿Los Estados soberanos y la Corte Internacional de Justicia?
¿Los Estados soberanos y la Corte Internacional de Justicia? / Mohamed Bennouna. - México : Secretaría de Relaciones Exteriores, Consultoría Jurídica, Dirección General del Acervo Histórico Diplomático. - Page 41-50 In: Nuevos diálogos sobre la justicia internacional : ciclo de conferencias / Bernardo Sepúlveda Amor, coordinador, ISBN 9786074460476: (2012), Page 41-50. - 2012
Keywords: International Court of Justice, Judicial settlement of international disputes, Jurisdiction, International law,

4. La Corte Internacional de Justicia
La Corte Internacional de Justicia / Christopher Greenwood. - México : Secretaría de Relaciones Exteriores, Consultoría Jurídica, Dirección General del Acervo Histórico Diplomático. - Page 51-58 In: Nuevos diálogos sobre la justicia internacional : ciclo de conferencias / Bernardo Sepúlveda Amor, coordinador, ISBN 9786074460476: (2012), Page 51-58. - 2012
Keywords: International Court of Justice, Judicial settlement of international disputes, International law,

5. Corte Internacional de Justicia
Corte Internacional de Justicia / Bernardo Sepúlveda Amor. - México : Secretaría de Relaciones Exteriores, Consultoría Jurídica, Dirección General del Acervo Histórico Diplomático. - Page 59-77 In: Nuevos diálogos sobre la justicia internacional : ciclo de conferencias / Bernardo Sepúlveda Amor, coordinador, ISBN 9786074460476: (2012), Page 59-77. - 2012
Keywords: International Court of Justice, Judicial settlement of international disputes, International law, Case-law,

6. Importancia del Órgano de Apelación
Importancia del Órgano de Apelación / Ricardo Ramírez Hernández. - México : Secretaría de Relaciones Exteriores, Consultoría Jurídica, Dirección General del Acervo Histórico Diplomático. - Page 121-128 In: Nuevos diálogos sobre la justicia internacional : ciclo de conferencias / Bernardo Sepúlveda Amor, coordinador, ISBN 9786074460476: (2012), Page 121-128. - 2012
Keywords: World Trade Organization, General Agreement on Tariffs and Trade, International trade, Judicial settlement of international disputes, WTO Appellate Body,

7. Desarrollo del arbitraje internacional
Desarrollo del arbitraje internacional / Donald Francis Donovan. - México : Secretaría de Relaciones Exteriores, Consultoría Jurídica, Dirección General del Acervo Histórico Diplomático. - Page 129-133 In: Nuevos diálogos sobre la justicia internacional : ciclo de conferencias / Bernardo Sepúlveda Amor, coordinador, ISBN 9786074460476: (2012), Page 129-133. - 2012
Keywords: International arbitration, Pacific settlement of disputes,

8. The Judicial Activity of the International Court of Justice in 2013: Procedural Law Issues Before the ICJ
The Judicial Activity of the International Court of Justice in 2013: Procedural Law Issues Before the ICJ / Daniele Amoroso In: The Italian Yearbook of International Law = ISSN 0391-5107: vol. 23 (2013), page 325-351. - 2013
Keywords: International Court of Justice, International law of procedure, Case-law,

9. A Study of Lawyers Appearing Before the International Court of Justice, 1999-2012
A Study of Lawyers Appearing Before the International Court of Justice, 1999-2012 In: European Journal of International Law = ISSN 0938-5428: vol. 25, issue 3, page 893-917. - 2014
Keywords: International Court of Justice, Lawyers, History, Methodology,

10. Books and Articles in the Field of the Prevention and Peaceful Settlements of International Disputes (Autumn 2014): Compiled Exclusively from Materials Available in the Peace Palace Library, The Hague
Books and Articles in the Field of the Prevention and Peaceful Settlements of International Disputes (Autumn 2014): Compiled Exclusively from Materials Available in the Peace Palace Library, The Hague / by Ingrid Kost In: Leiden Journal of International Law = ISSN 0922-1565: vol. 27, issue 4, page 929-933. - 2014
Keywords: Conflict prevention, Pacific settlement of disputes, International dispute settlement, International peace and security, Bibliographies,

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  • Gruszczynski, L. and W. Werner (eds.), Deference in International Courts and Tribunals : Standard of Review and Margin of Appreciation, 2014.

    Gruszczynski, L. and W. Werner (eds.), Deference in International Courts and Tribunals  Standard of Review and Margin of Appreciation

    International courts and tribunals are often asked to review decisions originally made by domestic decision-makers. This can often be a source of tension, as the international courts and tribunals need to judge how far to defer to the original decisions of the national bodies. As international courts and tribunals have proliferated, different courts have applied differing levels of deference to those originial decisions, which can lead to a fragmentation in international law. International courts in such positions rely on two key doctrines: the standard of review and the margin of appreciation. The standard of review establishes the extent to which national decisions relating to factual, legal, or political issues arising in the case are re-examined in the international court. The margin of appreciation is the extent to which national legislative, executive, and judicial decision-makers are allowed to reflect diversity in their interpretation of human rights obligations. The book begins by providing an overview of the margin of appreciation and standard of review, recognising that while the margin of appreciation explicitly acknowledges the existence of such deference, the standard of review does not: it is rather a procedural mechanism. It looks in-depth at how the public policy exception has been assessed by the European Court of Justice and the WTO dispute settlement bodies. It examines how the European Court of Human Rights has taken an evidence-based approach towards the margin of appreciation, as well as how it has addressed issues of hate speech. The Inter-American system is also investigated, and it is established how far deference is possible within that legal organisation. Finally, the book studies how a range of other international courts, such as the International Criminal Court, and the Law of the Sea Tribunal, have approached these two core doctrines.

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  • Schonewille, M. and Dr. F. Schonewille (eds.), The Variegated Landscape of Mediation : A Comparative Study of Mediation Regulation and Practices in Europe and the World, The Hague, The Netherlands : Eleven International Publishing, 2014.

    The Variegated Landscape of Mediation A Comparative Study of Mediation Regulation and Practices in Europe and the World Manon Schonewille and Dr. Fred Schonewille (eds.)

    A comprehensive overview of global mediation regulatory frameworks for commercial and civil cases. And a practical overview of the development of mediation and worldwide mediation practices in 60 jurisdictions, with a special emphasis on the European Union. This book allows for a direct comparison, based on standardised benchmarks for each country. Helpful for those mediating across borders, academics and those involved in legislative efforts.

    Authors who are each knowledgeable professionals in their jurisdictions, give a comprehensive and fascinating overview of the mediation development in their country in the individual state chapters. Combined, these chapters show the captivating breadth and variety of scope of mediation regulations and practices around the world. We hope that this will become a standard reference book for practitioners and academics alike. It can support comparative academic studies, and provide guidelines to professionals mediating across borders. As well as to legal counselors who are supporting clients in international cases.

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  • Salles, L.E., Forum Shopping in International Adjudication, Cambridge, Cambridge University Press, 2014.

    forum shopping in international adjudication

    Forum shopping, which consists of strategic forum selection, parallel litigation and serial litigation, is a phenomenon of growing importance in international adjudication. Preliminary objections (or a party’s placement of conditions on the existence and development of the adjudicatory process) have been traditionally conceived as barriers to adjudication before single forums. This book discusses how adjudicators and parties may refer to questions of jurisdiction and admissibility in order to avoid conflicting decisions on overlapping cases, excessive exercises of jurisdiction and the proliferation of litigation. It highlights an emerging, overlooked function of preliminary objections: transmission belts of procedure-regulating rules across the ‘international judiciary’. Activating this often dormant, managerial function of preliminary objections would nurture coordination of otherwise independent and autonomous tribunals.

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  • N. Klein (ed.), Litigating International Law Disputes: Weighing the Options, Cambridge New York, Cambridge University Press, 2014.

    n. klein (ed.), litigating international law disputes, cambridge new york, cambridge university press, 2014

    Litigating International Law Disputes provides a fresh understanding of why states resort to international adjudication or arbitration to resolve international law disputes. A group of leading scholars and practitioners discern the reasons for the use of international litigation and other modes of dispute settlement by examining various substantive areas of international law (such as human rights, trade, environment, maritime boundaries, territorial sovereignty and investment law) as well as considering case studies from particular countries and regions. The chapters also canvass the roles of international lawyers, NGOs, and private actors, as well as the political dynamics of disputes, and identify emergent trends in dispute settlement for different areas of international law.

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  • W.A. Schabas (ed.), International Courts and Tribunals, Cheltenham, Elgar, 2014

    Schabas, international courts and tribunals, Cheltenham, Elgar, 2014.

    Beginning about a century ago, but with a dramatic acceleration of the process in the final decades of the 1900s, international courts and tribunals have taken a prominent place in the enforcement of international law, the maintenance of international peace and security and the protection and promotion of human rights. This book addresses the great diversity of these institutions, their structures and legal frameworks and their contribution to the international rule of law ( 31 articles, dating from 1935 to 2012).

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  • Romano, C.P.R., K.J Alter and Y. Shany (eds.), The Oxford Handbook of International Adjudication, Oxford, Oxford University Press, 2014.

    Romano, C.P.R., K.J Alter and Y. Shany (eds.), The Oxford Handbook of International Adjudication, Oxford, Oxford University Press, 2014.

    The post Cold War proliferation of international adjudicatory bodies and international adjudication has had dramatic effects on both international law and politics, greatly affecting international relations, particularly economic relations, the enforcement of human rights, and the criminal pursuit of perpetrators of mass atrocities. International courts and tribunals have become, in some respects, the lynchpin of the modern international legal system. The Oxford Handbook of International Adjudication uniquely brings together analysis of the legal, philosophical, ethical and political considerations brought about by these bodies. It provides an original and comprehensive understanding of the various forms of international adjudication. A series of cross-cutting chapters overview key issues in the field, both theoretical and practical, providing scholars, students, and practitioners with a detailed understanding of important legal and political influences within the international adjudicative process.

    The Handbook is divided into six parts. The first part provides an overview of the origins and evolution of international adjudicatory bodies, from the nineteenth century to the present, highlighting the dynamics driving the multiplication of international adjudicative bodies and their uneven expansion. The second analyses the main families of international adjudicative bodies, providing a detailed study of state-to-state, criminal, human rights, regional economic, and administrative courts and tribunals, as well as arbitral tribunals and international compensation bodies. The third part lays out the theoretical approaches to international adjudication, including from political science, sociology, philosophy, ethics, and the perspectives of developing countries. The fourth part examines some contemporary issues in international adjudication, including the behavior, role, and effectiveness of international judges, the political constraints that restrict their function, as well as the making of international law by international courts and tribunals, the relationship between international and domestic adjudicators, the election and selection of judges, the development of judicial ethical standards, and the financing of international courts. The fifth part examines key actors in international adjudication, including international judges, legal counsels, international prosecutors, and registrars. Finally, the sixth provides an overview of some selected legal and procedural issues facing international adjudication, such as evidence, fact-finding and experts, jurisdiction and admissibility, the role of third parties, inherent powers, and remedies.

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  • Alter, K.J., The New Terrain of International Law: Courts, Politics, Rights, Princeton, Princeton University Press, 2014.

    Alter, K.J.,  The new terrain of international law courts, politics, rights,  princeton, princeton university press, 2014

    n 1989, when the Cold War ended, there were six permanent international courts. Today there are more than two dozen that have collectively issued over thirty-seven thousand binding legal rulings. The New Terrain of International Law charts the developments and trends in the creation and role of international courts, and explains how the delegation of authority to international judicial institutions influences global and domestic politics.

    The New Terrain of International Law presents an in-depth look at the scope and powers of international courts operating around the world. Focusing on dispute resolution, enforcement, administrative review, and constitutional review, Karen Alter argues that international courts alter politics by providing legal, symbolic, and leverage resources that shift the political balance in favor of domestic and international actors who prefer policies more consistent with international law objectives. International courts name violations of the law and perhaps specify remedies. Alter explains how this limited power–the power to speak the law–translates into political influence, and she considers eighteen case studies, showing how international courts change state behavior. The case studies, spanning issue areas and regions of the world, collectively elucidate the political factors that often intervene to limit whether or not international courts are invoked and whether international judges dare to demand significant changes in state practices.

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Database

Blogs

  • Building a 'Temple for Peace': the Choice of the Site

    The Treaty for the Pacific Settlement of International Disputes, concluded on 29 July 1899, determined that the newly created Permanent Court of Arbitration was to be established at The Hague. As Andrew Carnegie’s gift of 1903 was meant primarily for the erection of a new and appealing court house and library to serve its arbiters, there could be no argument, as to where this ‘Temple for Peace’ was to be built. It should be at The Hague. But where in The Hague precisely was quite another thing.

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  • Bolivia’s Centenarian Maritime Claim before the International Court of Justice

    Despite losing its maritime coast, the so-called Littoral Department, after the War of the Pacific, Bolivia has historically maintained, as a state policy, a maritime claim to Chile. The claim asks for sovereign access to the Pacific Ocean and its maritime space. The Political Constitution of 2009 established that Bolivia declares its right to access to the sea, and that its objective is to solve the problem peacefully. Therefore, on 24 April 2013, Bolivia instituted proceedings against Chile before the International Court of Justice. A guest blog by Elizabeth Santalla Vargas.

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  • Building a ‘Temple for Peace’: Inspired Advocates and a Philanthropist

    Shortly after the 1899 Hague Peace Conference had ended, William T. Stead, a highly energetic and respected British journalist and pacifist who had followed the peace conference as an observer, and Andrew D. White, the American head of delegation and ambassador in Germany, convinced the Scottish-born American steel magnate and philanthropist Andrew Carnegie to finance the ‘Temple for Peace’ that was to become the Peace Palace in The Hague.

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  • ARGO and the Follow-Up: Iran and the United States

    33 Years after the event, Hollywood has turned its attention to an episode that traumatized the United States for months: the seizure of the American Embassy in Tehran. As the US Embassy falls to a group of Islamist students and militants in support of the Iranian revolution and in retaliation for the USA’s sheltering of the recently deposed Shah, six diplomats slip out and seek sanctuary in the Canadian’s ambassador’s residence. It is up to the CIA’s Tony Mendez (Ben Affleck) to extract them from the country before they are discovered by the Revolutionary Guards. The plan? Create a fake movie, called Argo, and pretend they’re the crew.

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  • Shabtai Rosenne Memorial Lecture

    On Thursday, 24 November the first Shabtai Rosenne Memorial Lecture, delivered by Professor Malcolm N. Shaw Q.C., Senior Fellow at the Lauterpacht Centre for International Law at the University of Cambridge, took place at the Peace Palace in The Hague, a little more than a year after Professor Rosenne’s death. In his lecture entitled, “The Peaceful Settlement of Disputes: Paradigms, Plurality and Policy”, Professor Shaw gave an overview of where he thought dispute resolution was at the moment.

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  • The Institute for Historical Justice and Reconciliation in The Hague

    The Institute for Historical Justice and Reconciliation seeks to promote tolerance and reconciliation through helping scholars from different sides of a conflict work together to research and write narratives that can be shared among communities or peoples in conflict. Through this process of shared work, a better understanding of “the other” is gained by both sides.

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  • Abyei Arbitration Award

    On Wednesday 22 July, the Arbitral Tribunal at the Permanent Court of Arbitration in The Hague rendered its final Award [PDF] in the case between the Government of Sudan and the Sudan People’s Liberation Movement (SPLM) concerning the delimitation of the boundaries of the Abyei Area. The arbitration is based on an Arbitration Agreement between the Parties that was deposited with the Permanent Court of Arbitration (PCA) on 11 July 2008.

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  • Maritime Delimitation in the Black Sea (Romania v. Ukraine)

    On Tuesday 3 February 2009 the International Court of Justice (ICJ) rendered its Judgment in the case concerning Maritime Delimitation in the Black Sea (Romania v. Ukraine). A public sitting took place at 10 a.m. at the Peace Palace in The Hague, during which the President of the Court, Judge Rosalyn Higgins, read the Court’s Judgment.

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See also

More Research guides on Settlement of International Disputes

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