New Arrival Avoidance in International Dispute Settlement: Jurisdiction, Admissibility, and Justiciability

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Avoidance in International Dispute Settlement: Jurisdiction, Admissibility, and Justiciability

By Manuel Casas Martinez
New Arrival Hart Publishing August 2026

Specifications

ISBN-13
9781509993550
Publisher
Hart Publishing
Publication
August 2026
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

This book offers a bold new perspective on how international adjudication operates.

While international courts claim to decide all disputes over which they have jurisdiction, this book argues that sometimes they strategically choose not to. Through detailed case studies and a close analysis of international procedural law, it reveals that courts decide most disputes most of the time - but not all.

By unpacking how courts use doctrines of jurisdiction and admissibility to avoid or narrow down certain issues, the book exposes the covert techniques of judicial avoidance. It shows how the flexibility of international procedural law allows judges to manage politically sensitive disputes without openly acknowledging that they are relying on avoidance doctrines.

This book offers a nuanced and realistic account of international adjudication, one that recognises how legal principle is often weighed against political and practical realities.

Table of Contents

Introduction
1. International Dispute Settlement in Context
2. The Evolution of Justiciability and Subject Matter Jurisdiction
3. Legal Theory and International Procedural Law
4. Express and Implied (or Covert) Avoidance Doctrines
5. Covert Avoidance Doctrines in Practice: Case Studies
Conclusion
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