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.
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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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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.
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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La saisine de la Cour internationale de justice par les États n’est pas uniquement une marque de leur confiance dans le droit international, c’est aussi une expression de leur reconnaissance de son efficacité dans le processus de règlement des différends qui lui sont soumis. Rendre justice entre les États est un exercice singulier. L’organe chargé de le faire a une façon particulière de s’acquitter de ses fonctions. En effet, il ne se contente pas d’invoquer les dispositions pertinentes des codes et conventions, encore moins de suivre de façon servile la procédure contentieuse telle qu’elle est décrite dans son règlement de procédure. Tout au long du procès interétatique, la CIJ garantit de façon constante les principes de la bonne administration de la justice qui relèvent tous des exigences inhérentes à sa nature d’organe judiciaire, tout en adaptant parfaitement la procédure contentieuse, le droit et les solutions applicables aux circonstances particulières de chaque espèce. Au regard de l’univers institutionnel dans lequel il est inséré, des pressions exercées sur lui par les justiciables au cours de l’instance, des spécificités du droit qu’il applique et des circonstances particulières de chaque espèce contentieuse qui lui est soumise, il est donc impossible d’enfermer le juge interétatique dans un modèle de rôle prédéfini. Il fonctionne en définitive sur un mode ambivalent, caractérisé d’une part par le souci de préservation de son intégrité judiciaire, d’autre part par une adaptation judicieuse du droit applicable aux circonstances de l’espèce.
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This publication succeeds previously published seminars of the Max Planck Institute for Comparative Public Law and International Law (Heidelberg, Germany) dealing with evolving principles and new developments in international law. Due to the limits of traditional dispute settlement in international law and the ongoing scholarly debate on those limits, it focuses on possible innovations and functional approaches to improve international dispute settlement mechanisms. In doing so, it covers a wide variety of topics such as procedures of the WTO, advisory opinions of international courts and tribunals, the privatization of international dispute settlement, the interaction between counsels and international courts and tribunals, and the law-making function of international courts. The aim of this publication is to contribute to the cross-fertilization between these mechanisms and to offer creative impulses for the promotion of international dispute settlement.
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Mediation has become a common technique for terminating violent conflicts both within and between states; while mediation has a strong record in reducing hostilities, it is not without its own problems. In The Mediation Dilemma, Kyle Beardsley highlights its long-term limitations. The result of this oft-superficial approach to peacemaking, immediate and reassuring as it may be, is often a fragile peace. With the intervention of a third-party mediator, warring parties may formally agree to concessions that are insupportable in the long term and soon enough find themselves at odds again. Beardsley examines his argument empirically using two data sets and traces it through several historical cases: Henry Kissinger’s and Jimmy Carter’s initiatives in the Middle East, 1973–1979; Theodore Roosevelt’s 1905 mediation in the Russo-Japanese War; and Carter’s attempt to mediate in the 1994 North Korean nuclear crisis. He also draws upon the lessons of the 1993 Arusha Accords, the 1993 Oslo Accords, Haiti in 1994, the 2002 Ceasefire Agreement in Sri Lanka, and the 2005 Memorandum of Understanding in Aceh. Beardsley concludes that a reliance on mediation risks a greater chance of conflict relapse in the future, whereas the rejection of mediation risks ongoing bloodshed as war continues.
View this title in our link resolver PlinkletDespite 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.
Read moreShortly 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.
Read more33 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.
Read moreOn 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.
Read moreThe 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.
Read moreOn 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.
Read moreOn 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 [...]
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Vecchio, A. del, International Courts and Tribunals between Globalisation and Localism, 's-Gravenhage, Eleven International Publishing, 2013.
Beardsley, K., The Mediation Dilemma, Ithaca, Cornell University Press, 2011.
Pinfari, M., Peace Negotiations and Time: Deadline Diplomacy in Territorial Disputes, London, Routledge, 2013.
Metou, B.M., Le rôle du juge dans le contentieux international, Bruylant, Bruxelles, 2012.
Wolfrum, R. and I. Gätzschmann, International Dispute Settlement: Room for Innovations?, Heidelberg, Springer, 2012.
Tams, C.J. and M. Fitzmaurice (eds.), Legacies of the Permanent Court of International Justice, Leiden, Nijhoff, 2013.
