'Diplomatic and Judicial Means of Dispute Settlement'
addresses a question of growing practical and theoretical importance in
international law: the synergies and potential conflicts among different means
of settling international disputes. The contributing authors, who include some
of the world's leading academics and practitioners, analyze various areas where
such interactions have become ever more frequent, such as the law of
territorial disputes, international criminal law, international trade law,
investment arbitration, and human rights. The ground-breaking new volume aims
to provide both a survey of prominent case-studies and an analytical framework
to foster research on this increasingly important topic.
List of Contributors
Acknowledgements
Introduction
Laurence Boisson de Chazournes, Marcelo G. Kohen and Jorge E. Viñuales
Chapter 1: Opening Remarks
H.E. Bernardo Sepúlveda-Amor
Chapter 2: Interaction Between Diplomatic and Judicial Means at the Initiation of Proceedings
Marcelo G. Kohen
Chapter 3: Diplomatic Means as a Trigger of Judicial Means: The Security Council and the ICC
Vera Gowlland-Debbas
Chapter 4: The Impact of Arrest Warrants Issued by International Criminal Courts on Peace Negotiations
Paola Gaeta and Lyne Calder
Chapter 5: Recourse to the International Court of Justice for the Purpose of Settling a Dispute
Pierre-Marie Dupuy
Chapter 6: Diplomatic and Judicial Means of Dispute Resolution and How They Got Along in the Pulp Mills Case
Pablo Sandonato de León
Chapter 7: The Relationship Between Negotiations and Third-party Dispute Settlement at the WTO, with an Emphasis on the EC-Bananas Dispute
Hélène Ruiz-Fabri
Chapter 8: Investment Disputes - Moving Beyond Arbitration
Michael E. Schneider
Chapter 9: Between Saying and Doing: The Diplomatic Means to Implement the International Court of Justice’s iuris dictum
Laurence Boisson de Chazournes and Antonella Angelini
Chapter 10: Implementation of Recommendations and Rulings in the WTO System
Gabrielle Marceau and Jennifer A. Hamaoui
Chapter 11: Monitoring Compliance with the Decisions of Human Rights Courts: Inter-American Particularism
Magnus-Jesko Langer and Elise Hansbury
Chapter 12: The Use of Alternative (Non-judicial) Means to Enforce Investment Awards Against States
Jorge E. Viñuales and Dolores Bentolila
Section IV: Perspectives on the Interaction Between Diplomatic and Judicial Means
Chapter 13: Two Cases in Perspective: Boundary Delimitation in the Bakassi Peninsula and Criminal Accountability in Kenya
Interview of H.E. Kofi Annan Conducted by Nicolas Michel
Chapter 14: Observations on the Relationship Between Diplomatic and Judicial Means of Dispute Settlement
Lucy Reed
Chapter 15: Non-disputing State Submissions in Investment Arbitration: Resurgence of Diplomatic Protection?
Gabrielle Kaufmann-Kohler
Chapter 16: The Interaction Between Diplomatic and Judicial Means in Theoretical Perspective
Georges Abi-Saab
Concluding Observations
Laurence Boisson de Chazournes, Marcelo G. Kohen and Jorge E. Viñuales
Acknowledgements
Introduction
Laurence Boisson de Chazournes, Marcelo G. Kohen and Jorge E. Viñuales
Chapter 1: Opening Remarks
H.E. Bernardo Sepúlveda-Amor
Section I: Interaction at the Initiation of a Dispute Settlement Procedure
Chapter 2: Interaction Between Diplomatic and Judicial Means at the Initiation of Proceedings
Marcelo G. Kohen
Chapter 3: Diplomatic Means as a Trigger of Judicial Means: The Security Council and the ICC
Vera Gowlland-Debbas
Chapter 4: The Impact of Arrest Warrants Issued by International Criminal Courts on Peace Negotiations
Paola Gaeta and Lyne Calder
Section II: Interaction During the Proceedings Before an International Court or Tribunal
Chapter 5: Recourse to the International Court of Justice for the Purpose of Settling a Dispute
Pierre-Marie Dupuy
Chapter 6: Diplomatic and Judicial Means of Dispute Resolution and How They Got Along in the Pulp Mills Case
Pablo Sandonato de León
Chapter 7: The Relationship Between Negotiations and Third-party Dispute Settlement at the WTO, with an Emphasis on the EC-Bananas Dispute
Hélène Ruiz-Fabri
Chapter 8: Investment Disputes - Moving Beyond Arbitration
Michael E. Schneider
Section III: Interaction at the Implementation Stage
Chapter 9: Between Saying and Doing: The Diplomatic Means to Implement the International Court of Justice’s iuris dictum
Laurence Boisson de Chazournes and Antonella Angelini
Chapter 10: Implementation of Recommendations and Rulings in the WTO System
Gabrielle Marceau and Jennifer A. Hamaoui
Chapter 11: Monitoring Compliance with the Decisions of Human Rights Courts: Inter-American Particularism
Magnus-Jesko Langer and Elise Hansbury
Chapter 12: The Use of Alternative (Non-judicial) Means to Enforce Investment Awards Against States
Jorge E. Viñuales and Dolores Bentolila
Section IV: Perspectives on the Interaction Between Diplomatic and Judicial Means
Chapter 13: Two Cases in Perspective: Boundary Delimitation in the Bakassi Peninsula and Criminal Accountability in Kenya
Interview of H.E. Kofi Annan Conducted by Nicolas Michel
Chapter 14: Observations on the Relationship Between Diplomatic and Judicial Means of Dispute Settlement
Lucy Reed
Chapter 15: Non-disputing State Submissions in Investment Arbitration: Resurgence of Diplomatic Protection?
Gabrielle Kaufmann-Kohler
Chapter 16: The Interaction Between Diplomatic and Judicial Means in Theoretical Perspective
Georges Abi-Saab
Concluding Observations
Laurence Boisson de Chazournes, Marcelo G. Kohen and Jorge E. Viñuales
Laurence BOISSON DE CHAZOURNES, Marcelo G. KOHEN, Jorge E. VIÑUALES, Diplomatic and Judicial Means of Dispute Settlement, Leiden, Martinus Nijhoff, 2012 (356 pp.)
Laurence Boisson de Chazournes is Professor of International Law and
International Organization at the Faculty of Law of the University of
Geneva. She has published widely in many fields of international law and
acts as counsel and arbitrator before various international courts and
tribunals.
Marcelo G. Kohen is an associate
member of the Institute of International Law and a professor of
international law at the Graduate Institute of International and
Development Studies in Geneva where has been a member of the faculty
since 1995. He has also worked as a counsel and advocate for a number of
States before the International Court of Justice and has been visiting
professor at several European Universities.
Jorge
E. Viñuales, Ph.D. (Sciences Po Paris), LL.M. (Harvard) is the Pictet
Chair in International Environmental Law and an Assistant Professor of
Public International Law at The Graduate Institute, Geneva. He has
substantial experience as a practitioner and has published widely, most
recently Foreign Investment and the Environment in International Law
(Cambridge University Press, 2012).
Aucun commentaire :
Enregistrer un commentaire