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