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The Changing Character of International Dispute Settlement: Challenges and Prospects de Russell Buchan

The Changing Character of International Dispute Settlement: Challenges and Prospects

Editat de Russell Buchan, Daniel Franchini, Nicholas Tsagourias
en Limba Engleză Hardback – 29 noi 2023
The international dispute settlement system is currently facing many challenges regarding the authority, effectiveness, and legitimacy of its methods and mechanisms and their coordination. These challenges cut across different fields of international law and relations such as investment, trade, human rights, water resources, the law of the sea, the environment, international peace and security, disaster law, space, and cyberspace. New technologies also impact on the scope of existing disputes and their settlement, which lead to the emergence of new disputes and ways of settling them. This book offers insightful reflections by academics and practitioners on such challenges and how they can be addressed as well as on how the international dispute settlement system should adapt to attain its aim of maintaining peace and international legality. It deals with many contemporary issues and is wide-ranging in scope. It is suitable for students, scholars, and practitioners of international dispute settlement, international law, and international relations.
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Specificații

ISBN-13: 9781316513903
ISBN-10: 1316513904
Pagini: 393
Dimensiuni: 152 x 229 x 32 mm
Greutate: 0.95 kg
Editura: Cambridge University Press
Colecția Cambridge University Press
Locul publicării:Cambridge, United Kingdom

Cuprins

Introduction Russell Buchan, Daniel Franchini and Nicholas Tsagourias; Part I. Recent Trends and Cross-Cutting Issues in International Dispute Settlement: 1. The obligation of peaceful settlement of international disputes: status, nature, content and scope Daniel Franchini and Russell Buchan; 2. Parallel proceedings concerning investment and human rights claims Tarcisio Gazzini and Alessandra Pietrobon; 3. The mosaic of international dispute settlement: the role of domestic courts in international dispute settlement Kimberly N. Trapp and Jacob Smith; 4. Binding advisory opinions Massimo Lando; Part II. Effectiveness, Authority, And Legitimacy of the Current System of international Dispute Settlement and Possible Reforms: 5. Navigating choppy waters: UNCLOS dispute settlement coming of age? Richard Collins; 6. Legitimacy in settlement of disputes in international environmental law: from classical to non-compliance procedures Malgosia Fitzmaurice; 7. The role and legitimacy of international human rights mechanisms of dispute settlement Sir Malcolm D. Evans; 8. Settlement of water-related disputes in international law Maria A. Gwynn; 9. Coherence, consistency, and the reform of investment treaty arbitration Eric De Brabandere; 10. The WTO DSU 2.0: how can we go back to the future? Aris Georgopoulos and Petros C. Mavroidis; 11. The security council and impartiality in the peaceful settlement of disputes Nigel D. White; 12. International criminal law and the peaceful settlement of international disputes: grand aspirations and minimal impact James Mehigan; Part III. New Opportunities and the Future of International Dispute Settlement: 13. Mediation and the international law commission's draft articles on the protection of persons in the event of disasters: a case of untapped potential Therese O'Donnell; 14. The peaceful settlement of space disputes: prospects and challenges Rossana Deplano; 15. Fact-finding and cyber attribution Nicholas Tsagourias and Fiona Middleton; 16. International dispute settlement: digital evidence and online dispute resolution Antonio Segura Serrano; 17. International dispute settlement: a bright or depressing future? Sir Michael Wood.

Recenzii

'This collection of essays, dedicated to the memory of Prof. Merrills – the late grand master of international dispute settlement – is an impressive new contribution to the literature in this dynamic field of international law. It brings together some of the biggest and most promising scholars and practitioners active in this area of international law to take stock of progress and remaining challenges, and to address systemic questions of fragmentation, coordination, legitimacy and effectiveness in international dispute settlement. The high calibre of the scholarship offered, the breadth of the book's scope of coverage and the well thought-out analytical framework used make this an essential piece of reading for students, researchers, practitioners and other aficionados of international dispute settlement and international law.' Yuval Shany, Hersch Lauterpacht Chair in International Law and former Dean of the Law Faculty of the Hebrew University of Jerusalem

Descriere

Offers insightful reflections on contemporary challenges to the authority, effectiveness, legitimacy, and coordination of the international dispute settlement system.