International Dispute Settlement

2008 ◽  
Author(s):  
Cesare P. R. Romano
Keyword(s):  
International Law ◽  
Dispute Settlement ◽  
International Environmental Agreements ◽  
Environmental Agreements ◽  
International Treaties ◽  
International Peace ◽  
The Past ◽  
Environmental Disputes ◽  
International Dispute ◽  
The One

In international treaties, dispute settlement clauses follow the description of the agreed rules. As a result of this eventual and ancillary function, the law and procedure of international dispute settlement has long been the Cinderella of international law. In the past two decades, a series of considerations has modified this casual attitude towards international dispute settlement, particularly in the environmental sphere. Environmental factors have been increasingly acknowledged to be a relevant source of international tension and disputes, and even of actual threats to international peace and security. The settlement of environmental disputes can be explored along many different themes and variables. This article examines international dispute settlement in the field of the environment by contrasting dispute settlement by way of procedures contained in international environmental agreements (endogenous) to dispute settlement by way of procedures either of non-environmental agreements or of environmental agreements other than the one under which the dispute arose (exogenous).

Not Like the Others? The Position of Associated States and Dependent Territories in Fishing Disputes

2020 ◽  
Vol 22 (3-4) ◽  
pp. 471-486
Author(s):  
Marco Benatar
Keyword(s):  
International Law ◽  
Fisheries Management ◽  
Dispute Settlement ◽  
The Other ◽  
Applicable Law ◽  
International Dispute ◽  
The Pacific ◽  
The One ◽  
Regional Fisheries Management Organizations ◽  
Law Making

Abstract Fisheries are of vital concern to associated states and dependent territories located in diverse regions ranging from the Pacific to the Atlantic. The special characteristics of these actors have led to innovative international law-making, including the terms that have been agreed within regional fisheries management organizations and arrangements to facilitate representation of non-metropolitan territories’ interests. The question may be raised whether similar innovations can be found in the field of international dispute resolution. The aim of this brief article is to consider some linkages between associated states and dependent territories on the one hand and international dispute settlement concerning fishing on the other. Four such connections will be examined in turn: access to court, representation in proceedings, applicable law in proceedings, and the territorial exclusion of disputes.

scholarly journals Peran Organisasi Regional Dalam Pemeliharaan Perdamaian dan Keamanan Internasional

2016 ◽  
Vol 3 (2) ◽  
pp. 247-268
Author(s):  
Imam Mulyana
Keyword(s):  
International Law ◽  
Dispute Settlement ◽  
International Peace ◽  
Main Approach ◽  
Regional Organizations ◽  
International Dispute ◽  
Un Security Council ◽  
Peace And Security ◽  
International Regulations

Abstract: International law has stipulated a number of mechanisms in order to resolve the dispute between the countries. International dispute settlement mechanisms are required to use peaceful means as the main approach. However, if peaceful means can not resolve a dispute, it can also be used enforcementaction by the UN Security Council, particularly if potentially threatens peace and international security. The UN Charter also regulates the role of regional organizations, including when regional organizations intend to play a role related with maintenance of international peace and security. Although in practice today of regional organizations has been actively engaged in the maintenance of international peace and security, but international regulations regarding this activity has not been clearly settle, particularly in terms of scale and responsibility mechanism. Abstrak: Peran Organisasi Regional Dalam Pemeliharaan Perdamaian dan Keamanan Internasional. Hukum internasional telah mengatur sejumlah mekanisme dalam rangka menyelesaiakan sengketa yang terjadi antara negara-negara di dunia. Mekanisme penyelesaian sengketa internasional diharuskan menggunakan cara-cara damai sebagai pendekatan utama. Meskipun demikian apabila cara-cara damai tidak dapat menyelesaikan suatu sengketa, maka dapat pula digunakan cara-cara kekerasan oleh Dewan Keamanan PBB, terutama apabila mengancam perdamaian dan keamanan internasional. Piagam PBB juga mengatur mengenai peran Organisasi Regional termasuk apabila Organisasi Regional bermaksud berperan dalam melakukan pemeliharaan perdamaian dan keamanan internasional. Meskipun pada praktiknya hari ini Organisasi Regional telah aktif melakukan kegiatan pemeliharaan perdamaian dan keamanan internasional, akan tetapi ketentuan internasional mengenai aktivitas ini belum secara jelas diatur, terutama dalam hal skala dan mekanisme pertangungjawabannya.  DOI: 10.15408/jch.v2i2.2317

Domestic Jurisdiction over International Financial Institutions for Injuries to Project-Affected Individuals

2019 ◽  
Vol 16 (1) ◽  
pp. 105-136
Author(s):  
Clemens Treichl ◽  
August Reinisch
Keyword(s):  
International Law ◽  
Financial Institutions ◽  
Dispute Settlement ◽  
Project Finance ◽  
International Financial Institutions ◽  
International Dispute ◽  
The Us ◽  
Us Supreme Court ◽  
Domestic Courts ◽  
Domestic Jurisdiction

Project-affected individuals are increasingly bringing tort claims against international financial institutions in domestic courts. In the US, such plaintiffs such plaintiffs have regularly failed to overcome the obstacle of the defendant institutions’ jurisdictional immunity under the International Organizations Immunities Act. In pending litigation, the US Supreme Court has resolved a long-standing debate as to its scope. This paper examines the issue of jurisdictional immunity in the context of international project finance. It focuses on the specific frameworks established in treaties, analyses the interplay between international and domestic US norms and looks at possible implications of the exercise of domestic jurisdiction. A key finding is that US courts, at least previously, used to grant more extensive immunities than international law required. While doubts persist as to whether domestic courts are a suitable venue for claims brought by project-affected people, existing means of international dispute settlement should be strengthened.

scholarly journals Signaling by Signature: The Weight of International Opinion and Ratification of Treaties by Domestic Veto Players

2016 ◽  
Vol 6 (1) ◽  
pp. 15-31
Author(s):  
David Hugh-Jones ◽  
Karolina Milewicz ◽  
Hugh Ward
Keyword(s):  
International Relations ◽  
International Environmental Agreements ◽  
Veto Players ◽  
Environmental Agreements ◽  
Signaling Game ◽  
International Treaties ◽  
Specific Knowledge ◽  
Data Set ◽  
International Treaty ◽  
Strong Signal

The signing of international treaties is usually considered insignificant for international legal cooperation. Accordingly, International Relations theorists have paid it little attention. We show in this paper how and why treaty signature matters for the ultimate decision to ratify an international treaty. We argue that when multiple well-informed actors publicly sign an international treaty, this can provide a strong signal of issue importance to domestic veto players, and in turn may persuade them to ratify the treaty. We formalize this argument in a two-level signaling game, and test it on a data set of 126 international environmental agreements. We find that treaties are more likely to be ratified when their signatories include countries with high levels of general or issue-specific knowledge.

The Scarborough Shoal Dispute: An Analysis of the Dispute Resolution Mechanisms under International Law

2013 ◽  
Vol 6 (1) ◽  
Author(s):  
RODEL A. TATON
Keyword(s):  
International Law ◽  
Dispute Settlement ◽  
The Philippines ◽  
Law Of The Sea ◽  
Choice Of Procedure ◽  
International Dispute ◽  
The Status ◽  
Rules And Principles ◽  
The Republic ◽  
The Unclos

This comes at a time when the stand-off over the Scarborough Shoal has matured to the status of an international dispute. It involves rivaling claims on points of law or fact between the People’s Republic China (PRC) and the Republic of the Philippines (RP). PRC calls the shoal as Huangyan island while RP refers to it as Bajo de Masinloc or Panatag Shoal as advanced and published in their respective governmental positions, albeit their claims for de facto sovereignty and territory. Employing mainly descriptive, historical, documentary and content analyses techniques, this dwells on (a) the character of Scarborough Shoal in the perspective of international law, (b) the conflicting claims of the PRC and RP with their respective governmental positions, (c) the mechanisms for settlement of an international dispute as provided for by the United Nations Convention on the Law of the Sea (UNCLOS) and (d) whether or not the Philippines can avail of the said remedies and how can the Scarborough Shoal be settled employing international law, rules and principles. The UNCLOS provides for a mechanism in Part XV, for settlement of disputes, ranging from the pacific modes of dispute settlement to resort to compulsory mechanisms entailing binding decisions. It is also provided that sans a choice of procedure, only Arbitration under Annex VII, the Hamburg Tribunal, is available, and this, the Philippines followed when it submitted its notification and statement of claims. Based on the international jurisprudence on related issues, there are rarely a winner and a loser. However, having studied the current situation principally in the light of the UNCLOS III, which favors the position of the Philippines, one is forced to recognize that oceans and their basic rules - droit de la mer- existed before UNCLOS. Certainly, the final settlement of the issues hereinbefore presented will go beyond the confines of UNCLOS.Keywords: Social Sciences, International disputes, Law of the Sea, descriptive design,Philippine-China Relations, UNCLOS, Philippines, Southeast Asia

scholarly journals The 1979 Convention on Long-Range Transboundary Air Pollution: Assessing its Effectiveness as a Multilateral Environmental Regime after 35 Years

2015 ◽  
Vol 4 (1) ◽  
pp. 37-67 ◽  
Author(s):  
Adam Byrne
Keyword(s):  
Air Pollution ◽  
International Law ◽  
Long Range ◽  
Environmental Law ◽  
Geneva Convention ◽  
International Environmental Agreements ◽  
Environmental Agreements ◽  
Transboundary Air Pollution ◽  
Environmental Regimes ◽  
Effectiveness Assessment

AbstractThere is no definitive approach to assessing the effectiveness of international environmental regimes. In order to explore the regime established by the 1979 Geneva Convention on Long-Range Transboundary Air Pollution this article broadly integrates the approach to effectiveness taken by Peter H. Sand inThe Effectiveness of International Environmental Agreements,and Daniel Bodansky inThe Art and Craft of International Environmental Law. The article finds that compliance, institutional, and normative effectiveness can be evaluated relatively confidently. An effectiveness assessment of the long-range transboundary air pollution (LRTAP) regime indicates that, on the whole, it has helped states to reach agreement on contentious issues and achieve results in air pollution reduction. However, it faces significant challenges with regard to participation, implementation procedures, empowerment of domestic stakeholders, and funding. The article provides an in-depth and up-to-date look at the LRTAP regime, including the most recent amendments and its relationship with European Union and international law.

scholarly journals Fragmentation or Coherence? Does International Dispute Settlement Achieve Comprehensive Justice?

2020 ◽  
Vol 3 (1) ◽  
pp. 77
Author(s):  
Simon A. Benson
Keyword(s):  
International Law ◽  
Legal System ◽  
Justice System ◽  
Dispute Settlement ◽  
The Other ◽  
Cohesive Forces ◽  
International Dispute

The debate about whether international law is fragmented or coherent is no arid discussion. If fragmentation is in the ascendancy, many commentators argue that something needs to be done. It is, of course, vital for the success of any legal system to achieve some level of predictability and certainty and to consistently deliver comprehensive justice. A legal system must, first and foremost, be a justice system, if there is any point to its existence. If it is not, then there may be another debate about whether it may be called a ‘legal’ system or a ‘justice’ system at all. I will review the debate between various leading commentators and analyse their proposals. My review of a number of different aspects and areas of international law shows that although fragmentation is apparent, the level of coherence in international law is far more surprising than fragmentation, which is inevitable, just as it is in the development of national law in, say, a federal polity. Just when international law seems to be fragmented somewhere, coherence is being achieved elsewhere. The result may be characterised as a kind of ‘equilibrium’ in which antagonistic and cohesive forces in international law keep one another in check, somehow balancing the other out. International law is capable of delivering comprehensive justice even if, at times, it may seem unlikely or elusive.

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