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. Arreglo pacífico de controversias: medios políticos y jurídicos
Arreglo pacífico de controversias: medios políticos y jurídicos / Victor M. Sánchez, Alberto D. Arrufat Cárdava. - Barcelona : Huygens Editorial. - Page 331-343 In: Derecho internacional público / Victor M. Sánchez, Director ; Ruth Abril Stoffels, Alberto D. Arrufat Cárdava y otros autores, ISBN 9788415663119: (2012), Page 331-343. - 2012
Keywords: Pacific settlement of disputes, Judicial settlement of international disputes, Alternative dispute resolution, International dispute settlement,

2. Corte Internacional de Justicia
Corte Internacional de Justicia / Victor M. Sánchez. - Barcelona : Huygens Editorial. - Page 345-352 In: Derecho internacional público / Victor M. Sánchez, Director ; Ruth Abril Stoffels, Alberto D. Arrufat Cárdava y otros autores, ISBN 9788415663119: (2012), Page 345-352. - 2012
Keywords: International Court of Justice, Judicial settlement of international disputes,

3. Règlement pacifique des différends internationaux: bilan et perspectives
Règlement pacifique des différends internationaux: bilan et perspectives / Lucius Caflisch. - Cambridge ; Antwerp ; Portland : Intersentia. - Page 97-106 In: Liberae Cogitationes : Liber Amicorum Marc Bossuyt / André Alen, Veronique Joosten, Riet Leysen, Willem Verrijdt (eds.), ISBN 9789400003538: (2013), Page 97-106. - 2013
Keywords: Pacific settlement of disputes, Judicial settlement of international disputes, International courts,

4. La Cour internationale de Justice face au droit international des droits de l'homme
La Cour internationale de Justice face au droit international des droits de l'homme / Ludovic Hennebel. - Cambridge ; Antwerp ; Portland : Intersentia. - Page 299-315 In: Liberae Cogitationes : Liber Amicorum Marc Bossuyt / André Alen, Veronique Joosten, Riet Leysen, Willem Verrijdt (eds.), ISBN 9789400003538: (2013), Page 299-315. - 2013
Keywords: International Court of Justice, Human rights, Development of international law, Case-law,

5. Barcelona Traction and Nottebohm Revisited: Nationality as a Requirement for Diplomatic Protection of Shareholders on South African Law
Barcelona Traction and Nottebohm Revisited: Nationality as a Requirement for Diplomatic Protection of Shareholders on South African Law / Lawrence Ngobeni In: South African Yearbook of International Law = ISSN 0379-8895: vol. 37, page 169-186. - 2012
Keywords: South Africa, International Court of Justice, Shareholders, Diplomatic protection, Nationality, International law and domestic law, Customary international law, Cases,

6. "Plausibilità" dei diritti e autonomia del regime di responsabilità nella recente giurisprudenza della Corte internazionale di giustizia in tema di misure cautelari
"Plausibilità" dei diritti e autonomia del regime di responsabilità nella recente giurisprudenza della Corte internazionale di giustizia in tema di misure cautelari / Loris Marotti In: Rivista di diritto internazionale = ISSN 0035-6158: vol. 97, issue 3, page 761-786. - 2014
Keywords: International Court of Justice, Case-law,

7. The PCA's contribution to international dispute resolution in Africa
The PCA's contribution to international dispute resolution in Africa / by Lise Bosman In: Stellenbosch Law Review = ISSN 1016-4359: vol. 25, issue 2, page 308-327. - 2014
Keywords: Africa, Permanent Court of Arbitration, International arbitration, International co-operation, International dispute settlement,

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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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  • Shany, Y., Assessing the Effectiveness of International Courts, Oxford, Oxford University Press, 2014

    shany, y.,  assessing the effectiveness of international courts, oxford, oxford university press, 2014

    Are international courts effective tools for international governance? Do they fulfill the expectations that led to their creation and empowerment? Why do some courts appear to be more effective than others, and do so such appearances reflect reality? Could their results have been produced by other mechanisms? This book evaluates the effectiveness of international courts and tribunals by comparing their stated goals to the actual outcomes they achieve. Using a theoretical model borrowed from social science, the book assesses their effectiveness by analysing key empirical data.

    Its first part is dedicated to theory and methodology, laying out the effectiveness model, explaining its different components, its promise and limits, and discussing the measurement challenges it faces. The second part analyses the role that indicators such as jurisdiction, judicial independence, legitimacy, and compliance play in achieving effectiveness. Part three applies the effectiveness model to the International Court of Justice, the WTO dispute settlement mechanisms (panels and Appellate Body), the International Criminal Tribunals for Rwanda and Yugoslavia, the European Court of Human Rights, and the European Court of Justice, reflecting the diversity of the field of international adjudication. Given the recent proliferation of international courts and tribunals, this book makes an important contribution towards understanding and measuring the value that these institutions provide.

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  • Boisson de Chazournes,l., M.G. Kohen and J.E. Viñuales, Diplomatic and Judicial Means of Dispute Settlement, Leiden, Nijhoff, 2013

    Chazournes,l., M.G. Kohen and J.E. Viñuales, Diplomatic and Judicial Means of Dispute Settlement, Leiden, Nijhoff, 2013

    ‘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.

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  • Boschiero, N. (et al.) (eds.), International Courts and the Development of International Law: Essays in Honour of Tullio Treves, The Hague, Asser Press, 2013.

    Boschiero, N. (et al.) (eds.), International Courts and the Development of International Law: Essays in Honour of Tullio Treves, The Hague, Asser Press, 2013.

    This book contains a collection of essays by leading experts linked to the outstanding characteristics of the scholar in honour of whom it is published, Tullio Treves, who combines his academic background with his practical experiences of a negotiator of international treaties and a judge of an international tribunal. It covers international public and private law related to international courts and the development of international law. Under Article 38 of its Statute, the International Court of Justice can apply judicial decisions only as a “subsidiary means for the determination of rules of law”. However, there are many reasons to believe that international courts and tribunals do play quite an important role in the progressive development of international law. There are a number of decisions which are inevitably recalled as the first step, or a decisive step, in the process of the formation of a new rule of customary international law. In these cases, can the judge be considered as a subsidiary of others? Are these cases compatible with the common belief that a judge cannot create law? Is this a peculiarity of international law, which is characterized by the existence of several courts but the lack of a legislator? Do decisions by different courts lead to the consequence of a fragmented international law? This volume provides the reader with an elaboration of various questions linked to the legislative role of courts. In their choices of subjects, some contributors have taken into account the general aspects of the development of international rules through court decisions or specific sectors of international law, such as human rights, international crimes, international economic law, environmental law and the law of the sea. Others have chosen the subject of the rules on jurisdiction and procedure of international courts. The question of the courts’ role in the development of areas of law different from public international law, namely private international law and European Union law, has also been considered. The information and views contained in this book will be of great value to academics, students, judges, practitioners and all others interested in the public and private international law aspects of the link between international courts and the development of international law.

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  • Giraudeau, C., Les différends territoriaux devant le juge international: entre droit et transaction, Leiden, Nijhoff, 2013.

    Giraudeau, C., Les différends territoriaux devant le juge international: entre droit et transaction, Leiden, Nijhoff, 2013.

    Les décisions arbitrales et judiciaires relatives aux différends territoriaux terrestres et maritimes sont marquées par une tendance transactionnelle. Elles consacrent des tracés frontaliers situés entre les revendications respectives des parties et assurent plus globalement un équitable partage des espaces et des ressources. Ce phénomène de compromis s’exprime symptomatiquement dans la jurisprudence relative aux différends territoriaux en raison de la nature de ces litiges et de leurs enjeux géostratégique, économique et émotionnel. Il est aussi dû à la particulière flexibilité des règles et des principes applicables. Cette étude témoigne de l’instrumentalisation qui est faite du contenu des décisions juridictionnelles au profit de solutions équilibrées et démontre que le juge international est avant tout tourné vers la mission pacificatrice de son office.

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  • Vecchio, A. del, International Courts and Tribunals between Globalisation and Localism, 's-Gravenhage, Eleven International Publishing, 2013.

    Vecchio, A. del, International Courts and Tribunals between Globalisation and Localism, 's-Gravenhage, Eleven International Publishing, 2013.

    International Courts and Tribunals Between Globalisation and Localism examines the proliferation of international courts and tribunals at the global, regional and local level. Topics covered range from the reasons for their marked specialisation to the demand for international justice and the growing confidence in international judicial bodies and their functions. The choice of courts and tribunals covered in this book has been based on the distinctive character of each of them in the context of globalisation or localism. At the global level the establishment of new international courts and tribunals with global jurisdiction, such as the ICJ, ICC and ITLOS, is considered. At the regional level courts and tribunals operating under the auspices of regional organisations in the field of economic integration and regional systems covering human rights are examined. Finally, as regards the phenomenon of localism, the book analyses the proliferation of new local courts and tribunals with differing jurisdiction ratione materiae, ratione personae and ratione loci. The myriad of courts and tribunals poses new challenges to the international order: how should we deal with conflicts of jurisdiction and of divergent interpretations of international law by different dispute settlement institutions? The author offers valuable insights to answer these questions.

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  • Pinfari, M., Peace Negotiations and Time: Deadline Diplomacy in Territorial Disputes, London, Routledge, 2013.

    This book discusses the role of time in peace negotiations and peace processes in the post-Cold War period, making reference to real-world negotiations and using comparative data. Deadlines are increasingly used by mediators to spur deadlocked negotiation processes, under the assumption that fixed time limits tend to favour pragmatism. Yet, little attention is typically paid to the durability of agreements concluded in these conditions, and research in experimental psychology suggests that time pressure can have a negative impact on individual and collective decision-making by reducing each side’s ability to deal with complex issues, complex inter-group dynamics and inter-cultural relations.

    This book discusses the role of time in peace negotiations and peace processes in the post-Cold War period, making reference to real-world negotiations and using comparative data. Deadlines are increasingly used by mediators to spur deadlocked negotiation processes, under the assumption that fixed time limits tend to favour pragmatism. Yet, little attention is typically paid to the durability of agreements concluded in these conditions, and research in experimental psychology suggests that time pressure can have a negative impact on individual and collective decision-making by reducing each side’s ability to deal with complex issues, complex inter-group dynamics and inter-cultural relations. This volume explores this lacuna in current research through a comparative model that includes 68 episodes of negotiation and then, more in detail, in relation to four cases studies – the Bougainville and Casamance peace processes, and the Dayton and Camp David proximity talks. The case studies reveal that in certain conditions low time pressure can impact positively on the durability of agreements by making possible effective intra-rebel agreements before official negotiations, and that time pressure works in proximity talks only when applied to solving circumscribed deadlocks. This book will be of much interest to students of peace processes, conflict resolution, negotiation, diplomacy and international relations in general.

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  • Tams, C.J. and M. Fitzmaurice (eds.), Legacies of the Permanent Court of International Justice, Leiden, Nijhoff, 2013.

    Tams, C.J. and M. Fitzmaurice (eds.), Legacies of the Permanent Court of International Justice, Leiden, Nijhoff, 2013.

    The book assesses the continuing relevance of the first ‘World Court’. Active for merely 2 decades, and dissolved rather quietly in 1945/46 to be replaced by the International Court of Justice, the PCIJ, for better or worse, has shaped our thinking about binding legal dispute resolution. The contributions to this book trace the PCIJ’s impact on procedural and substantive aspects of international law and on the development of the international judicial function.

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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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