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International Dispute Resolution: Cases and Materials 3

  • Formatas: 720 pages, aukštis x plotis x storis: 2500x1937x1.25 mm, weight: 3150 g
  • Išleidimo metai: 20-Jul-2021
  • Leidėjas: Carolina Academic Pr
  • ISBN-10: 1531018777
  • ISBN-13: 9781531018771
  • Formatas: 720 pages, aukštis x plotis x storis: 2500x1937x1.25 mm, weight: 3150 g
  • Išleidimo metai: 20-Jul-2021
  • Leidėjas: Carolina Academic Pr
  • ISBN-10: 1531018777
  • ISBN-13: 9781531018771

Lawyers increasingly represent clients with global interests that require working across nations and cultures. They may engage in negotiating international contracts, participate in treaty negotiations, or act as mediators in international child custody disputes. It is most common to handle international matters that come before national courts. This fully revised third edition of International Dispute Resolution prepares law students to practice with confidence in handling international disputes. The book introduces students to the range of methods available in contemporary international practice. It is a comprehensive treatment of dispute resolution processes, including negotiation, mediation, inquiry, conciliation, arbitration, and adjudication.

The third edition brings two new co-authors to the book. Anna Spain Bradley (UCLA) and Amy Cohen (New South Wales/The Ohio State) have joined Mary Ellen O'Connell (Notre Dame) in collecting cases and materials that offer theoretically-informed approaches to practical issues and invoke materials inclusive of diverse perspectives. New decisions from national courts and the International Court of Justice on international dispute resolution are included. New material on investor-state arbitration and arbitrator ethics are featured, as well as a new treaty on international mediation. The problems that accompany each method are also new.

International Dispute Resolution remains the only comprehensive book on this vital and growing area of law practice. The law book market has many titles on arbitration and transnational litigation. This is the only casebook that introduces students to the full array of international dispute resolution methods. Knowledge of and expertise in these areas are an essential part of the modern lawyer's toolkit to prepare them for legal practice in today's world.



Lawyers increasingly represent clients with global interests that require working across nations and cultures. They may engage in negotiating international contracts, participate in treaty negotiations, or act as mediators in international child custody disputes. It is most common to handle international matters that come before national courts. This fully revised third edition of International Dispute Resolution prepares law students to practice with confidence in handling international disputes. The book introduces students to the range of methods available in contemporary international practice. It is a comprehensive treatment of dispute resolution processes, including negotiation, mediation, inquiry, conciliation, arbitration, and adjudication. The third edition brings two new co-authors to the book. Anna Spain Bradley (UCLA) and Amy Cohen (New South Wales/The Ohio State) have joined Mary Ellen O'Connell (Notre Dame) in collecting cases and materials that offer theoretically-informed approaches to practical issues and invoke materials inclusive of diverse perspectives. New decisions from national courts and the International Court of Justice on international dispute resolution are included. New material on investor-state arbitration and arbitrator ethics are featured, as well as a new treaty on international mediation. The problems that accompany each method are also new. International Dispute Resolution remains the only comprehensive book on this vital and growing area of law practice. The law book market has many titles on arbitration and transnational litigation. This is the only casebook that introduces students to the full array of international dispute resolution methods. Knowledge of and expertise in these areas are an essential part of the modern lawyer's toolkit to prepare them for legal practice in today's world.

Table of Cases xv
Preface xix
Acknowledgments xxi
Chapter 1 The Study of International Dispute Resolution 3(30)
Introduction
3(1)
Promoting Peace Through International Law
4(3)
Cecilia M. Bailliet
Kjetil Mujezinovic Larsen
What Is International Dispute Resolution?
7(2)
Related Fields of Inquiry
9(1)
The History of International Dispute Resolution
10(2)
Antislavery Courts and the Dawn of International Human Rights Law
12(1)
Jenny S. Martinez
The World Court in Action
13(5)
Howard N. Meyer
International Dispute Resolution in an Era of Globalization
18(2)
Anna Spain Bradley
Basic Concepts and Principles
20(1)
An Overview of International Dispute Settlement
20(7)
Richard Bilder
International Dispute Settlement: A Network of Cooperational Duties
27(1)
Anne Peters
Notes and Questions on the Study of International Dispute Resolution
28(5)
Part One Non-Binding Methods
Chapter 2 Negotiation and Consultation
33(36)
Introduction
33(1)
Consultation and Negotiation in the Pacific Settlement of International Disputes
34(7)
Charles Manga Fombad
World Trade Organization, Understanding on Rules and Procedures Governing the Settlement of Disputes
41(1)
United Nations Convention on the Law of the Sea Part XV Dispute Settlement
41(1)
United Nations Principles and Guidelines for International Negotiations
41(1)
Obligation to Negotiate Access to the Pacific Ocean (Bolivia v. Chile)
42(7)
Interpretation of the Agreement of 25 March 1951 Between the WHO and Egypt
49(2)
Fisheries Jurisdiction Case (United Kingdom of Great Britain and Northern Ireland v. Iceland)
51(2)
Applicability of the Obligation to Arbitrate Under Section 21 of the United Nations Headquarters Agreement of 26 June 1947
53(9)
Application of the Interim Accord of 13 September 1995 (the former Yugoslav Republic of Macedonia v. Greece)
62(2)
Notes and Questions on Negotiation and Consultation
64(5)
Chapter 3 Good Offices and Mediation
69(34)
Introduction
69(1)
World Trade Organization Understanding on Rules and Procedures Governing the Settlement of Disputes
70(1)
United Nations Convention on International Settlement Agreements Resulting from Mediation
70(1)
The "Good Offices" Framework for Secretariat Action
71(1)
Claire Palley
Report of the Secretary-General on His Mission of Good Offices in Cyprus
72(4)
A Conflict Could Be Brewing in the Eastern Mediterranean Here's How to Stop It
76(1)
Asli Aydintasbas
Sinan Ulgen
The Good Offices of the United Nations Secretary-General in the Field of Human Rights
77(4)
B.G. Ramcharan
Integration Matters: Rethinking the Architecture of International Dispute Resolution
81(2)
Anna Spain Bradley
Third-Party Mediation of Interstate Conflicts: Actors, Strategies, Selection, and Bias
83(8)
Scott S. Gartner
International Mediation-The View from the Vatican: Lessons from Mediating the Beagle Channel Dispute
91(2)
Thomas Princen
United Nations General Assembly Prevention of Armed Conflict
93(2)
The Institutionalization of Mediation Support
95(1)
Christina Stenner
Notes and Questions on Good Offices and Mediation
96(7)
Chapter 4 Inquiry and Conciliation
103(36)
Introduction
103(3)
United Nations Model Rules for the Conciliation of Disputes between States
106(1)
World Trade Organization, Understanding on Rules and Procedures Governing the Settlement of Disputes
106(1)
United Nations Convention on the Law of the Sea Part XV Dispute Settlement
106(1)
ICSID Convention on the Settlement of Investment Disputes between States and Nationals of Other States
106(1)
Commissions of Inquiry and Fact-Finding Missions on International Human Rights and Humanitarian Law Guidance and Practice
106(2)
Report of the Independent International Fact-Finding Mission on the Conflict in Georgia
108(5)
The Use of Inter-State Conciliation
113(2)
Sven M.G. Koopmans
The First ICSID Conciliation: Tesoro Petroleum Corporation v. Trinidad and Tobago
115(8)
Lester Nurick
Stephen J. Schnably
In the Matter of the Maritime Boundary Between Timor-Leste and Australia ("The Timor Sea Conciliation") (Timore-Leste and Australia)
123(7)
Notes and Questions on Inquiry and Conciliation
130(9)
Part Two Binding Methods
A Arbitration
Chapter 5 Introduction to Arbitration
139(34)
Model Rules on Arbitral Procedure
143(2)
Introduction to the PCA
145(1)
United Nations Convention on the Law of the Sea Part XV Dispute Settlement
145(1)
ICSID Convention on the Settlement of Investment Disputes between States and Nationals of Other States
146(1)
Declaration of the Government of the Democratic and Popular Republic of Algeria Concerning the Settlement of Claims by the Government of the United States of America and the Government of the Islamic Republic of Iran Claims Settlement Declaration
146(1)
The Nature of the Iran-United States Claims Tribunal and the Evolving Structure of International Dispute Resolution
146(3)
David D. Caron
The Structure of International Arbitration Law and the Exercise of Arbitral Authority
149(1)
Joshua Karton
The Arbitral Award Made by the King of Spain on 23 December 1906 (Honduras v. Nicaragua)
150(10)
Case Concerning the Air Services Agreement of 27 March 1946 (United States v. France)
160(6)
Peaceful Settlement of Disputes in Ocean Conflicts: Does UNCLOS III Point the Way?
166(2)
Louis Sohn
The Evolution of International Arbitration
168(1)
Alec Stone Sweet
Florian Grisel
Notes and Questions on Arbitration
169(4)
Chapter 6 The Structure of International Arbitration
173(42)
Introduction
173(1)
UN Handbook on the Pacific Settlement of Disputes, Arbitration
174(1)
The Conduct of an International Arbitration
175(1)
Andreas Lowenfeld
A Note on Interim Measures of Relief
176(1)
A The Parties
177(16)
Permanent Court of Arbitration Arbitral Rules 2012
178(1)
Southern Bluefin Tuna Case (Australia and New Zealand v. Japan)
179(11)
In the Matter of Malaysian Historical Salvors
190(3)
B The Tribunal
193(18)
RCA Globcom Communications, Inc., et al. v. The Islamic Republic of Iran, et al. (I)
193(3)
RCA Global Communications, Inc., et al. v. The Islamic Republic of Iran (II)
196(1)
Case Concerning the Arbitral Award of 31 July 1989 (Guinea-Bissau v. Senegal)
197(9)
Draft Code of Conduct for Adjudicators in Investor-State Dispute Settlement
206(2)
When Arbitrators and Institutions Clash, or The Strange Case of Getma v. Guinea
208(1)
Catherine A. Rogers
Notes and Questions on the Structure of Arbitration
211(4)
Chapter 7 The Principles of International Arbitral Procedure
215(40)
Introduction
215(1)
The Islamic Republic of Iran v. The United States of America
216(6)
Iran Aircraft Industries and Iran Helicopter v. Avco Corporation
222(6)
The Ireland v. United Kingdom (Mox Plant) Case: Applying the Doctrine of Treaty Parallelism
228(4)
Barbara Kwiatkowska
Government of Sudan and the Sudan People's Liberation Movement/Army (Abyei Arbitration)
232(17)
Abyei Arbitration: Final Award Rendered
249(1)
PCA Press Release
Good Faith in International Arbitration
250(2)
Bernardo M. Cremades
Notes and Questions on Principles of Arbitral Process
252(3)
Chapter 8 Compliance and Enforcement
255(38)
Introduction
255(1)
Rainbow Warrior (New Zealand v. France)
256(17)
The Islamic Republic of Iran v. The United States of America
273(7)
Enforcement Options and Paths to Compliance: Disputants and Global Stakeholders in Philippines v. China
280(5)
Diane A. Desierto
Getma International v. Republic of Guinea
285(2)
Notes and Questions on Compliance and Enforcement in Arbitration
287(6)
Part Two Binding Methods
B Judicial Settlement
Chapter 9 Judicial Settlement
293(36)
Introduction
293(1)
Statute of the International Court of Justice
294(1)
United Nations Convention on the Law of the Sea
294(1)
Understanding on Rules and Procedures Governing the Settlement of Disputes
294(1)
World Trade Organization
United States Constitution
294(1)
Constitution of the Republic of South Africa 1996
294(1)
The Role of International Courts
295(2)
Ruth MacKenzie
National Courts and the International Rule of Law
297(2)
Andre Nollkaemper
Case Concerning United States Diplomatic and Consular Staff in Tehran (United States of America v. Iran)
299(13)
Dames & Moore v. Regan
312(2)
The Proliferation of Adjudicatory Bodies: Dangers and Possible Answers
314(6)
Robert Jennings
Plurality in the Fabric of International Courts and Tribunals: The Threads of a Managerial Approach
320(6)
Laurence Boisson de Chazournes
Notes and Questions on Judicial Settlement
326(3)
Chapter 10 International Courts
329(50)
Introduction
329(2)
A General Jurisdiction
331(27)
Statute of the International Court of Justice
331(1)
Military and Paramilitary Activities in and against
Nicaragua (Nicaragua v. United States of America)
332(16)
Statute of the International Court of Justice
348(1)
United Nations Charter
348(1)
Legal Consequences of the Separation of the Chagos Archipelago from Mauritius in 1965
349(9)
B Provisional Measures and Intervention
358(18)
Statute of the International Court of Justice
358(1)
LaGrand (Germany v. United States of America)
359(12)
Statute of the International Court of Justice
371(1)
Intervention before the International Court of Justice
371(1)
J.M. Ruda
Notes and Questions on Jurisdiction and Admissibility
376(3)
Chapter 11 National Courts
379(44)
Introduction
379(1)
A Jurisdiction under International Law
379(23)
The Case of the S.S. "Lotus" (France v. Turkey)
381(10)
A Note on Immunity from Jurisdiction
391(2)
Jurisdictional Immunities of the State (Germany v. Italy, Greece Intervening)
393(9)
B Barriers under National Law
402(21)
Avoidance Techniques
402(1)
August Reinisch
United States v. The Palestine Liberation Organization
404(8)
Committee of U.S. Citizens Living in Nicaragua v. Regan
412(3)
Medellin v. Texas
415(5)
Notes and Questions on Issues Arising in National Court Dispute Resolution
420(3)
Chapter 12 Compliance and Enforcement
423(40)
Introduction
423(1)
Statute of the International Court of Justice
424(1)
United Nations Charter
425(1)
Request for Interpretation of the Judgment of 15 June 1962 in the Case concerning the Temple of Preah Vihear (Cambodia v. Thailand)
425(8)
Application for Revision of the Judgment of 11 September 1992 (El Salvador v. Honduras, Nicaragua Intervening)
433(12)
Legal Consequences of the Separation of the Chagos Archipelago from Mauritius in 1965
445(2)
Strategizing for Compliance: The Evolution of a Compliance Phase of Inter-American Court Litigation and the Strategic Imperative for Victims' Representatives
447(3)
David C. Baluarte
Press Release, Law Society of South Africa and Others v. President of the Republic of South Africa and Others
450(1)
Law Society of South Africa v. President of the Republic
451(4)
Negotiation and Adjudication: Complementarity and Dissonance
455(3)
Georges Abi-Saab
Notes and Questions on Compliance and Enforcement in Judicial Settlement
458(5)
Annex 463(252)
1 United Nations Charter, 1945
463(24)
2 Statute of the International Court of Justice, 1945
487(13)
3 Principles and guidelines for international negotiations, UN GA A/RES/53/101, 1999
500(2)
4 Declaration on Principles of International Law Friendly Relations and Co-Operation among States in Accordance with the Charter of the United Nations, UN GA Res. 2625 (XXV), 1970
502(9)
5 United Nations Convention on International Settlement Agreements Resulting from Mediation, 2019
511(9)
6 United Nations Model Rules for the Conciliation of Disputes between States, 1995
520(7)
7 ILC Model Rules on Arbitral Procedure, 1956
527(9)
8 ANNEX II Model standard rules of procedure for commissions of inquiry/fact-finding missions on violations of international human rights law and international humanitarian law
536(5)
9 ICSID Convention on the Settlement of Investment Disputes between States and Nationals of Other States, 1966,
Chapter III Conciliation
541(2)
10 ICSID Convention on the Settlement of Investment Disputes between States and National of Other States, 1966,
Chapter IV Arbitration
543(6)
11 Declaration of the Government of the Democratic and Popular Republic of Algeria Concerning the Settlement of Claims by the Government of the United States of America and the Government of the Islamic Republic of Iran Claims Settlement Declaration January 19, 1981
549(3)
12 Documents of the Tenth Session, Including the Report of the Commission to the General Assembly, Arbitral Procedure [ Agenda item 2], Document A/CN.4/113, II Y.B. INT'L L. COMM'N (1958)
552(33)
13 United Nations Convention on the Law of the Sea, Part XV, 1982
585(23)
14 IBA Model Rules on Ethics for International Arbitrators, 1987
608(4)
15 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958
612(5)
16 Rules of the International Court of Justice, 1978
617(36)
17 World Trade Organization, Understanding on Rules and Procedures Governing the Settlement of Disputes, 1994
653(23)
18 United Nations Convention on Jurisdictional Immunities of States and Their Property, 2004
676(14)
19 Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters, 2019
690(15)
20 United States Constitution
705(1)
21 Constitution of the Republic of South Africa
706(9)
Index 715