International Law and Dispute Settlement: New Problems and Techniques (Studies in International Law)

"International dispute settlement plays a fundamental role in maintaining the fabric of the international legal order, reflecting the desire of States, and increasingly non-State actors, to resolve their differences through international dispute procedures and other legal mechanisms. This edited collection focuses upon the growth and complexity of such legal methods, which includes judicial settlement (courts and tribunals), arbitration and other legal (or what might be termed 'extra-legal') means (international organisations, committees, inspection panels, and ombudsmen). In this important collection, such mechanisms are compared and evaluated side-by-side to provide, in one volume, a detailed and analytical account of the current framework. Ranging from key conceptual issues of proliferation of legal mechanisms and the associated risks of fragmentation through to innovations in dispute settlement mechanisms in many topical areas of international law, including international trade law, collective security law and regional law, this collection, written by leading international lawyers, provides a major study in the ongoing trends and emerging problems in this crucial area of international law. This edited collection is published to mark the retirement of Professor John Merrills, Emeritus Professor of International Law, University of Sheffield, who has written widely on international law and human rights law, but is probably best known for his work on the settlement of international disputes, evidenced by the enduring appeal of his leading text International Dispute Settlement, now in its fourth edition."--Bloomsbury Publishing. Prelims......Page 2 Foreword......Page 8 Preface......Page 10 Contents......Page 12 List of Contributors......Page 14 List of Abbreviations......Page 16 Introduction......Page 20 Part 1 The Changing Face of International Adjudication......Page 30 1 Private Disputes and the Public Interest in International Law......Page 32 2 The International Court of Justice and Environmental Disputes......Page 46 3 Complaint and Grievance Mechanisms in International Dispute Settlement......Page 86 4 Stuck in the Middle With You?: Alternative Approaches to Realising Accountability for Human Rights Violations by Business......Page 116 Part 2 Problems and Techniques in Substantive Areas of International Law......Page 138 5 Practice and Procedure of Dispute Settlement in Individual Communication Cases within the Human Rights Committee and the Committee on the Elimination of Discrimination against Women: Congruence or Conflict?......Page 140 6 Trends in Dispute Settlement in the Law of the Sea: Towards the Increasing Availability of Compulsory Means......Page 172 7 The WTO Dispute Settlement Mechanism as a New Technique for Settling Disputes in International Law......Page 202 8 Legal Means of Dispute Settlement in the Field of Collective Security: The Quasi-Judicial Powers of the Security Council......Page 220 9 Non-compliance Procedures and Dispute Resolution Mechanisms under International Environmental Agreements......Page 254 Appendix I to Chapter 9......Page 288 Appendix II to Chapter 9......Page 292 10 The Antarctic Treaty after 50 Years......Page 300 11 Cross-border Family Mediation......Page 326 Part 3 The Regional Dimension......Page 348 12 Aspects of the African Court of Justice and Human Rights......Page 350 13 The EU, the ECHR and the Effective Protection of Human Rights for Individuals......Page 374 14 The European Court of Justice as a Constitutional Court: Implications for the EU and International Legal Orders......Page 396 Professor (emeritus) JG Merrills List of Publications, May 2009......Page 418 Index......Page 424 International Dispute Settlement Plays A Fundamental Role In Maintaining The Fabric Of The International Legal Order, Reflecting The Desire Of States & Non-state Actors To Resolve Their Differences Through International Dispute Procedures & Other Legal Mechanisms. This Collection Focuses On The Growth & Complexity Of Such Methods. Private Disputes And The Public Interest In International Law / Vaughan Lowe -- The International Court Of Justice And Environmental Disputes / Malgosia Fitzmaurice -- Complaint And Grievance Mechanisms In International Dispute Settlement / Duncan French And Richard Kirkham -- Stuck In The Middle With You? Alternative Approaches To Realising Accountability For Human Rights Violations By Business / Sorcha Macleod -- Practice And Procedure Of Dispute Settlement In Individual Communication Cases Within The Human Rights Committee And The Committee On The Elimination Of Discrimination Against Women : Congruence Or Conflict? / Sandy Ghandhi -- Trends In Dispute Settlement In The Law Of The Sea : Towards The Increasing Availability Of Compulsory Means / Robin Churchill -- The Wto Dispute Settlement Mechanism As A New Technique For Settling Disputes In International Law / Surya P. Subedi -- Legal Means Of Dispute Settlement In The Field Of Collective Security : The Quasi-judicial Powers Of The Security Council / Nigel D. White And Matthew Saul -- Non-compliance Procedures And Dispute Resolution Mechanisms Under International Environmental Agreements / Karen N. Scott -- The Antarctic Treaty After 50 Years / James Crawford -- Cross-border Family Mediation / Kisch Beevers -- Aspects Of The African Court Of Justice And Human Rights / Gino J. Naldi -- The Eu, The Echr And The Effective Protection Of Human Rights For Individuals / Tawhida Ahmed -- The European Court Of Justice As A Constitutional Court : Implications For The Eu And International Legal Orders / Paul James Cardwell. Edited By Duncan French, Matthew Saul And Nigel D. White. Includes Bibliographical References (p. [389]-393) And Index. International dispute settlement plays a fundamental role in maintaining the fabric of the international legal order, reflecting the desire of States, and increasingly non-State actors, to resolve their differences through international dispute procedures and other legal mechanisms. This edited collection focuses upon the growth and complexity of such legal methods, which includes judicial settlement (courts and tribunals), arbitration, and other legal — or what might be termed 'extra-legal' — means (international organizations, committees, inspection panels, and ombudsmen). Such mechanisms are compared and evaluated side-by-side to provide a detailed and analytical account of the current framework. The book ranges from key conceptual issues of the proliferation of legal mechanisms and the associated risks of fragmentation, on through to innovations in dispute settlement mechanisms in many topical areas of international law, including international trade law, collective security law, and regional law. Written by leading international lawyers, it provides a major study in the ongoing trends and emerging problems in this crucial area of international law. This edited collection is published to mark the retirement of Professor John Merrills, Emeritus Professor of International Law, University of Sheffield, who has written widely on international law and human rights law, but is probably best known for his work on the settlement of international disputes, evidenced by the enduring appeal of his leading text International Dispute Settlement, now in its fourth edition.