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The Changing Character of International Dispute Settlement: Challenges and Prospects

The Changing Character of International Dispute Settlement: Challenges and Prospects

Author: Russell Buchan; Daniel Franchini; Nicholas Tsagourias
Publisher: Cambridge University Press
ISBN: 9781316513903
Published In: December 2023
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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The international dispute settlement system is currently facing many challenges regarding the authority, effectiveness, and legitimacy of its methods and mechanisms and their coordination. These challenges cut across different fields of international law and relations such as investment, trade, human rights, water resources, the law of the sea, the environment, international peace and security, disaster law, space, and cyberspace. New technologies also impact on the scope of existing disputes and their settlement, which lead to the emergence of new disputes and ways of settling them. This book offers insightful reflections by academics and practitioners on such challenges and how they can be addressed as well as on how the international dispute settlement system should adapt to attain its aim of maintaining peace and international legality. It deals with many contemporary issues and is wide-ranging in scope. It is suitable for students, scholars, and practitioners of international dispute settlement, international law, and international relations.

Identifies what challenges of authority, effectiveness and legitimacy existing international dispute settlement mechanisms are facing
Discusses the relationship between different methods (legal and non-legal) and mechanisms of dispute settlement
Considers the migration of disputes to new fields such as space and cyberspace

Introduction - Russell Buchan, Daniel Franchini and Nicholas Tsagourias

Part I. Recent Trends and Cross-Cutting Issues in International Dispute Settlement:

1. The obligation of peaceful settlement of international disputes: status, nature, content and scope - Daniel Franchini and Russell Buchan

2. Parallel proceedings concerning investment and human rights claims - Tarcisio Gazzini and Alessandra Pietrobon

3. The mosaic of international dispute settlement: the role of domestic courts in international dispute settlement - Kimberly N. Trapp and Jacob Smith

4. Binding advisory opinions - Massimo Lando

Part II. Effectiveness, Authority, And Legitimacy of the Current System of international Dispute Settlement and Possible Reforms:

5. Navigating choppy waters: UNCLOS dispute settlement coming of age? - - Richard Collins

6. Legitimacy in settlement of disputes in international environmental law: from classical to non-compliance procedures - Malgosia Fitzmaurice

7. The role and legitimacy of international human rights mechanisms of dispute settlement - Sir Malcolm D. Evans

8. Settlement of water-related disputes in international law - Maria A. Gwynn

9. Coherence, consistency, and the reform of investment treaty arbitration - Eric De Brabandere

10. The WTO DSU 2.0: how can we go back to the future? - Aris Georgopoulos and Petros C. Mavroidis

11. The security council and impartiality in the peaceful settlement of disputes - Nigel D. White

12. International criminal law and the peaceful settlement of international disputes: grand aspirations and minimal impact - James Mehigan

Part III. New Opportunities and the Future of International Dispute Settlement:

13. Mediation and the international law commission's draft articles on the protection of persons in the event of disasters: a case of untapped potential - Therese O'Donnell

14. The peaceful settlement of space disputes: prospects and challenges - Rossana Deplano

15. Fact-finding and cyber attribution - Nicholas Tsagourias and Fiona Middleton

16. International dispute settlement: digital evidence and online dispute resolution - Antonio Segura Serrano

17. International dispute settlement: a bright or depressing future? - Sir Michael Wood