International Procedure in Interstate Litigation and Arbitration

International Procedure in Interstate Litigation and Arbitration
Author: Eric De Brabandere
Publisher: Cambridge University Press
Total Pages: 445
Release: 2021-11-25
Genre: Law
ISBN: 1108963218

The settlement of interstate disputes through recourse to courts and tribunals has grown gradually over the years, not only through the creation of new mechanisms to that effect, but also by using existing courts and tribunals. How these different international dispute settlement mechanisms operate in theory and practice is the subject of this comparative analysis by academic and practicing lawyers. The book takes stock of the procedure applicable in various interstate dispute settlement bodies, including international and regional courts and tribunals, and arbitration. This comparative view is essential to a better understanding of the strengths and weaknesses of the various procedural rules and regulations and the practical operation of international litigation. This book is aimed not only at scholars, but also at the courts and tribunals themselves, assisting them in revising their procedures, and at States and organisations developing future international legal mechanisms.

Interstate Disputes

Interstate Disputes
Author: Joseph F. Zimmerman
Publisher: SUNY Press
Total Pages: 244
Release: 2007-06-01
Genre: Political Science
ISBN: 9780791468340

Examines the role of the U.S. Supreme Court in settling disputes between states.

The Resolution of Inter-State Disputes in Civil Aviation

The Resolution of Inter-State Disputes in Civil Aviation
Author: Luping Zhang
Publisher: Oxford University Press
Total Pages: 257
Release: 2022
Genre: Law
ISBN: 0192849271

"This book investigates dispute resolution mechanisms in international civil aviation, with a primary focus on the functions of the International Civil Aviation Organization (ICAO) Council. The Convention on International Civil Aviation (Chicago Convention) has laid the foundation for dispute resolution mechanisms in international civil aviation, which led to the creation of ICAO. However, economic regulations have been left out from the Chicago Convention. Over the years there has been a proliferation of bilateral air services agreements (ASAs) and the multiplication of multilateral treaties. With the advancement of the aviation technology, this book considers whether dispute resolution mechanisms should be modernised, and if so, what form such modernisation might take. The book is divided into five chapters. Chapter I provides an introduction and defines the scope of the research. Chapter II is an empirical chapter, which traces the evolution of dispute resolution clauses under both multilateral air law treaties and bilateral ASAs with the most updated data collected to date. Chapter III analyses how disputes brought to the fora designated under the treaties in Chapter II are resolved in practice. The fourth chapter builds on the empirical evidence provided in Chapters II and III to critically assesses the political and legal means that are involved in the settlement of international aviation disputes. The final chapter proposes reforms on the basis of the lessons learnt in the previous chapters and introduces proposals for amending rules of procedures in ICAO as well as establishing a new arbitral institution"--

Interstate Disputes

Interstate Disputes
Author: Joseph F. Zimmerman
Publisher: State University of New York Press
Total Pages: 246
Release: 2012-02-16
Genre: Political Science
ISBN: 0791481417

With respect to "controversies between two or more states," the U.S. Constitution grants original jurisdiction to the U.S. Supreme Court, and in 1789 Congress made exclusive the Court's jurisdiction over interstate disputes. In this book, Joseph F. Zimmerman examines the role of the Supreme Court in settling disputes between states, the criteria developed by the Court to determine whether its original jurisdiction should be invoked, and the function of special masters, who, as adjuncts to the Court, facilitate negotiated settlements or provide the factual information needed by the Court to render sound decisions. Zimmerman analyzes a wide range of specific disputes, from boundary lines to financial matters to water allocation, diversion, and pollution. To alleviate the Court's exceptionally heavy and critically important appellate workload, the author proposes alternative mechanisms for resolving controversies between sister states, including interstate boundary compacts, interstate regulatory compacts, and several congressional initiatives.

An Introduction to the Causes of War

An Introduction to the Causes of War
Author: Greg Cashman
Publisher: Rowman & Littlefield
Total Pages: 467
Release: 2021-04-07
Genre: Political Science
ISBN: 1538127806

This pioneering book, now thoroughly updated to incorporate important research, explains the causes of war through a sustained combination of theoretical insights and detailed case studies. Cashman and Robinson find that while all wars have multiple causes, certain factors typically combine in identifiable “dangerous patterns.” Through their examination of World War I, World War II in the Pacific, the Six-Day War, the Indo-Pakistani War of 1971, the Iran-Iraq War, and the US invasion of Iraq, the authors lay out the complex multilevel processes by which disputes between countries erupt into bloody conflicts. Ideal for a range of courses in international relations at both the undergraduate and graduate levels, this focused text clearly explains theory and applies it to concrete case-study examples in a way that allows students to fully understand the origins of war.

International Conflicts, 1816-2010

International Conflicts, 1816-2010
Author: Douglas M. Gibler
Publisher: Rowman & Littlefield
Total Pages: 1169
Release: 2018-03-22
Genre: Political Science
ISBN: 1442275596

A militarized interstate dispute (MID) refers to international conflict short of war. The MID dataset from the Correlates of War Project catalogs summary data on all threats, displays, and uses of force between two or more states. These dispute data are essential in quantitative analyses of international conflict and other issues, such as diplomatic efforts and security policy. The problem however is that they offer little information barring a brief summary of the conflict event. This work remedies it by providing original, detailed narrative descriptions of what occurred in each case. Organized by rivalry and within geographic regions, these case descriptions, written specifically for this work, will be an essential resource for those interested in the causes, histories, and consequences of international conflicts.

Diplomatic Dispute Settlement

Diplomatic Dispute Settlement
Author: S. M. G. Koopmans
Publisher: T.M.C. Asser Press
Total Pages: 325
Release: 2008-06-26
Genre: Law
ISBN: 9789067042604

Variations of conciliation are included in many instruments, particularly in multilateral agreements concerning the environment, human rights, international trade and investment protection. Conciliation is also used on an ad hoc basis for the resolution of disputes between States, such as in border conflicts. Nevertheless, the method is rarely studied in depth from either a legal or political aspect. Focusing on conciliation in a broad sense (including variations of mediation, inquiry and non-compliance mechanisms), Sven Koopmans offers a timely discussion of non-binding dispute settlement between States. The book argues that the lack of familiarity with conciliation both causes its popularity in treaties and its difficulties in practice. The author proposes a new way of looking at conciliation and at its potentials and restrictions, and assesses the usefulness of this way of settling disputes.

Pathways for Peace

Pathways for Peace
Author: United Nations;World Bank
Publisher: World Bank Publications
Total Pages: 415
Release: 2018-04-13
Genre: Political Science
ISBN: 1464811865

Violent conflicts today are complex and increasingly protracted, involving more nonstate groups and regional and international actors. It is estimated that by 2030—the horizon set by the international community for achieving the Sustainable Development Goals—more than half of the world’s poor will be living in countries affected by high levels of violence. Information and communication technology, population movements, and climate change are also creating shared risks that must be managed at both national and international levels. Pathways for Peace is a joint United Nations†“World Bank Group study that originates from the conviction that the international community’s attention must urgently be refocused on prevention. A scaled-up system for preventive action would save between US$5 billion and US$70 billion per year, which could be reinvested in reducing poverty and improving the well-being of populations. The study aims to improve the way in which domestic development processes interact with security, diplomacy, mediation, and other efforts to prevent conflicts from becoming violent. It stresses the importance of grievances related to exclusion—from access to power, natural resources, security and justice, for example—that are at the root of many violent conflicts today. Based on a review of cases in which prevention has been successful, the study makes recommendations for countries facing emerging risks of violent conflict as well as for the international community. Development policies and programs must be a core part of preventive efforts; when risks are high or building up, inclusive solutions through dialogue, adapted macroeconomic policies, institutional reform, and redistributive policies are required. Inclusion is key, and preventive action needs to adopt a more people-centered approach that includes mainstreaming citizen engagement. Enhancing the participation of women and youth in decision making is fundamental to sustaining peace, as well as long-term policies to address the aspirations of women and young people.