This volume offers an overview of some emerging trends and structural patterns in the development of international law, highlighting its evolution over the course of time, and discussing leading principles through various different thematic lenses.
International organizations have become major players on the international scene, whose acts and activities affect individuals, companies and states. Damage to interests or violation of rights sometimes occur (such as during peacekeeping operations, for example). Karel Wellens considers what remedies are available to potential claimants such as private contractors, staff members or, indeed, anyone suffering damage as a result of their actions. Can they turn to an Ombudsman or national courts, or do they have to rely on support by their own state? Are the remedies provided by international organizations adequate? Wellens' conclusions include suggestions for alternative remedial options in the future.
This book examines the multifunctional role negotiations play in the jurisprudence of the International Court of Justice. Prior negotiations may be necessary to bring to the surface and clarify the legal aspects of a dispute before its submission to the ICJ. Negotiations may play a potential and parallel role during the course of the proceedings; results of negotiations may find their way into the judicial reasoning and may even form part of the basis of the judicial settlement. The Court’s judgment may require further negotiations for its implementation. A failure of this process may bring the parties back before the Court. This volume presents a detailed and critical examination of the case law of the ICJ through the prism of the functional interaction between negotiation and judicial settlement of disputes. In cases where legal interests of third States are involved this functional interaction becomes even more complex. The focus is not on the merits of each individual case, but on the Court’s contribution and clarification of this functional interplay. The systematic analysis of the Court’s jurisprudence makes this book essential reading for those involved with and studying international law and justice.
As the ever increasing number of Security Council resolutions and statements is nowadays easily available through the UN home page, this booklet will guide you thematically through these documents without the texts of the resolutions and statements being reproduced. This work contains the essential tools, presented in a chronological order, and classified on a topic basis to help you find and compare the English and French texts electronically. Part I contains matters concerning the maintenance of international peace and security; Part II contains other matters considered by the Security Council. The next division is a geographical one, each geographical region being subdivided into numbered topics. The corpus of this Thematic Guide consists of an analytical table of resolutions, statements and letters. Additional tools are made available in the annexes: a chronological list and the composition of the Security Council (1946-2000). This booklet is a sequence to the previous two editions by Karel Wellens of Resolutions and Statements of the United Nations Security Council: A Thematic Guide.
Everyone talks about the limitations of the judicial system in the context of international commercial disputes. But no one actually seems to address the possibilities for and appropriateness of judicial remedies in such disputes. This study examines how the International Court of Justice and its predecessor, the Permanent Court of International Justice, have dealt with economic disputes and arrives at highly interesting conclusions, challenging the widespread view that the Court is not an appropriate forum to handle economic disputes between states. While much depends on how one defines an 'economic dispute', a comparison of the use of the court system versus the use of arbitration in such cases offers new insights. Among them: the observation that the once-clear distinctions between adjudication and arbitration are in fact diminishing, as evidenced, for example, in the use of the Chamber procedure of the International Court of Justice in a number of cases in recent years. The author sets out observations, conclusions, evaluations, and recommendations in a complete, straightforward fashion. The material is divided into easy-to-follow parts, each with concluding remarks. Paragraphs are separately labeled with bold headings to facilitate quick access to the information needed. This book enables scholars and practitioners to look at a critical issue in the field - the role or non-role of courts in certain international disputes - in an entirely new way, providing insightful material for thought, discussion, and practice.
Everyone talks about the limitations of the judicial system in the context of international commercial disputes. But no one actually seems to address the possibilities for and appropriateness of judicial remedies in such disputes. This study examines how the International Court of Justice and its predecessor, the Permanent Court of International Justice, have dealt with economic disputes and arrives at highly interesting conclusions, challenging the widespread view that the Court is not an appropriate forum to handle economic disputes between states. While much depends on how one defines an `economic dispute', a comparison of the use of the court system versus the use of arbitration in such cases offers new insights. Among them: the observation that the once-clear distinctions between adjudication and arbitration are in fact diminishing, as evidenced, for example, in the use of the Chamber procedure of the International Court of Justice in a number of cases in recent years. The author sets out observations, conclusions, evaluations, and recommendations in a complete, straightforward fashion. The material is divided into easy-to-follow parts, each with concluding remarks. Paragraphs are separately labeled with bold headings to facilitate quick access to the information needed. This book enables scholars and practitioners to look at a critical issue in the field - the role or non-role of courts in certain international disputes - in an entirely new way, providing insightful material for thought, discussion, and practice.
This book examines the multifunctional role negotiations play in the jurisprudence of the International Court of Justice. Prior negotiations may be necessary to bring to the surface and clarify the legal aspects of a dispute before its submission to the ICJ. Negotiations may play a potential and parallel role during the course of the proceedings; results of negotiations may find their way into the judicial reasoning and may even form part of the basis of the judicial settlement. The Court’s judgment may require further negotiations for its implementation. A failure of this process may bring the parties back before the Court. This volume presents a detailed and critical examination of the case law of the ICJ through the prism of the functional interaction between negotiation and judicial settlement of disputes. In cases where legal interests of third States are involved this functional interaction becomes even more complex. The focus is not on the merits of each individual case, but on the Court’s contribution and clarification of this functional interplay. The systematic analysis of the Court’s jurisprudence makes this book essential reading for those involved with and studying international law and justice.
International organizations have become major players on the international scene, whose acts and activities affect individuals, companies and states. Damage to interests or violation of rights sometimes occur (such as during peacekeeping operations, for example). Karel Wellens considers what remedies are available to potential claimants such as private contractors, staff members or, indeed, anyone suffering damage as a result of their actions. Can they turn to an Ombudsman or national courts, or do they have to rely on support by their own state? Are the remedies provided by international organizations adequate? Wellens' conclusions include suggestions for alternative remedial options in the future.
As the ever increasing number of Security Council resolutions and statements is nowadays easily available through the UN home page, this booklet will guide you thematically through these documents without the texts of the resolutions and statements being reproduced. This work contains the essential tools, presented in a chronological order, and classified on a topic basis to help you find and compare the English and French texts electronically. Part I contains matters concerning the maintenance of international peace and security; Part II contains other matters considered by the Security Council. The next division is a geographical one, each geographical region being subdivided into numbered topics. The corpus of this Thematic Guide consists of an analytical table of resolutions, statements and letters. Additional tools are made available in the annexes: a chronological list and the composition of the Security Council (1946-2000). This booklet is a sequence to the previous two editions by Karel Wellens of Resolutions and Statements of the United Nations Security Council: A Thematic Guide.
Everyone talks about the limitations of the judicial system in the context of international commercial disputes. But no one actually seems to address the possibilities for and appropriateness of judicial remedies in such disputes. This study examines how the International Court of Justice and its predecessor, the Permanent Court of International Justice, have dealt with economic disputes and arrives at highly interesting conclusions, challenging the widespread view that the Court is not an appropriate forum to handle economic disputes between states. While much depends on how one defines an `economic dispute', a comparison of the use of the court system versus the use of arbitration in such cases offers new insights. Among them: the observation that the once-clear distinctions between adjudication and arbitration are in fact diminishing, as evidenced, for example, in the use of the Chamber procedure of the International Court of Justice in a number of cases in recent years. The author sets out observations, conclusions, evaluations, and recommendations in a complete, straightforward fashion. The material is divided into easy-to-follow parts, each with concluding remarks. Paragraphs are separately labeled with bold headings to facilitate quick access to the information needed. This book enables scholars and practitioners to look at a critical issue in the field - the role or non-role of courts in certain international disputes - in an entirely new way, providing insightful material for thought, discussion, and practice.
This book looks to fill the 'blue hole' in Global History by studying the role of the oceans themselves in the creation, development, reproduction and adaptation of knowledge across the Atlantic world. It shows how globalisation and the growth of maritime knowledge served to reinforce one another, and demonstrates how and why maritime history should be put firmly at the heart of global history. Exploring the dynamics of globalisation, knowledge-making and European expansion, Global Ocean of Knowledge takes a transnational approach and transgresses the traditional border between the early modern and modern periods. It focuses on three main periodisations, which correspond with major transformations in the globalisation of the Atlantic World, and analyses how and to what extent globalisation forces from above and from below influenced the development and exchange of knowledge. Davids distinguishes three forms of globalising forces 'from above'; imperial, commercial and religious, alongside self-organisation, the globalising force 'from below'. Exploring how globalisation advanced and its relationship with knowledge changed over time, this book bridges global, maritime, intellectual and economic history to reflect on the role of the oceans in making the world a more connected place.
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