scholarly journals Introduction: International Organizations and the Promotion of Effective Dispute Resolution

2017 ◽  
Vol 10 (4) ◽  
pp. 108
Author(s):  
Mohsen Hodssein Abadi ◽  
Alireza Azadi Kalkoshki

The traditionally emergence of differences among people, common and perhaps it was natural and it is not usually considered in relations between individuals does not seem far-fetched idea origination dispute. With the growing human population and the natural growth of business and trade transactions between them and the complexity of certain fields of these transactions disputes arising from them, more and more widespread and sometimes even has been specialized. It went to the point in one of the last two centuries, several laws passed by the government to resolve the current dispute and with forming the courts for a variety of dispute resolution between individuals, many branches of the courtsdedicated to legal and commercial affairs and handle their disputes.All countries dispute arises between individuals were appointed to the courts; although this is associated with the severity and weaknesses in different countries and legal systems. Some with creates parallel institutions for the courts try to reduce congestion in the courts claimsand others by creating a concentration of executive power in the courts were concerned their main effort in resolving disputes before the court. Except for the courts in recent centuries in most societies with little differences in the shape and nature of the investigation into the allegations were established, in the last century, another institution for dispute between individualswas createdin many countries and within their judicial system that was called judgment. This reference formed in subsets of international organizations was created to resolve international disputes that generally was concerned in the international trade disputes between natural or legal persons. This is in a series of international law, in the form of legislation and judicial procedures that in this study we analyzed it. 


2017 ◽  
Vol 6 (2) ◽  
pp. 171
Author(s):  
Lavinia Brancus-Cieślak

The Chances of the Arbitration in the Solutions of Disputes Regarding Internet Domain NamesSummaryThe paper deals with the Polish alternative dispute resolution (ADR) for internet domain names, which was introduced in January 2003 together with the establishment of a special Court of Arbitration. The Court acts within the Polish Chamber of Informatics, Technology and Telecommunication and it is based on a procedure drawn upon the well known UDRP (Uniform Domain Name Dispute Resolution Policy). The latter is actually applied by the main international organizations, e. g. such as Worldwide Intellectual Property Organisation.The analysis focuses on the main procedural issues, such as type of conflicts that can be an object of the court examination, claims to be raised by the plaintiff, legal validity of the verdicts. Similarly to UDRP, the Polish proceedings provide only to the domain name’s cancellation or its transfer for the benefit of the entitled person. The decision rendered by the Court acquires its full juridical force only after the ascertainment of its enforceability by an ordinary civil court. This means, that theoretically each proceedings concluded with a decision of the Court of Arbitration, should be followed by a compulsory formal examination in front of an ordinary court. Due to this, the Polish ADR seems to bring more juridical safety than the above-mentioned UDRP, yet the proceedings might be in practice protracted. In addition, such „enforced” decision would possess validity in law, in respect of the establishment of all facts, which could be further used as a ground to potential claims for damages or unjustified enrichment. 


SASI ◽  
2021 ◽  
Vol 27 (1) ◽  
pp. 12
Author(s):  
Zainal Abdul Aziz Hadju

International Law has reign most interactions between States in the sea. The practice of illegal transshipment is a serious issue as it falls within both theft mode and smuggling through the transfer of cargo from one ship to another that occurs at sea. Including a crime which committed in the territory of one state but involving parties from another state or more. Law enforcement is a major concern when an offence of some kind of illegal transshipment occurs. The study aims to determine the jurisdiction of states in enforcing laws including in criminal matters that occurred over its sea where the country has sovereign rights, especially when the involvement of 3rd states party in the law enforcement on a ship which not entered into its territory, yet indicately committed a violation of the law in some states water area, this paper also study how the responsibility of 3rd states party towards of flag states of ships who feel harmed. This article was written using normative research methods with a statutory. Historical and conceptual approach explaining efforts from international organizations in resolving the issues of accountability of countries involved in the problem of Illegal Transshipment at sea in the 1982 UNCLOS perspective especially the process of law enforcement and dispute resolution by the International Tribunal for the Law of The Sea (ITLOS).


2000 ◽  
Vol 94 (1) ◽  
pp. 90-98
Author(s):  
George H. Aldrich ◽  
Christine M. Chinkin

The Hague Conferences that produced the Conventions of 1899 and 1907 closed the nineteenth century and opened the twentieth. They established an agenda for negotiation, in the parliamentary-diplomatic mode, for the next hundred years; elevated the development of mechanisms of dispute resolution to new prominence; tried to order many areas of armed conflict with new international law; and, perhaps unintentionally, set parameters for the future diplomacy of international conferences.Subsequent international lawmaking efforts grappled with many of the themes debated at The Hague, even as the political landscape of international law was completely transformed by the breakup of empires and the advent of almost two hundred new states; the founding of international organizations and regional organizations that could scarcely have been imagined in 1899, and the establishment of a truly permanent international judicial institution, followed by the creation of many other judicial institutions with more focused jurisdictions. Despite these changes, much of the style of the Hague Conferences left a deep imprint on international law. The mixture of lofty rhetoric, prophetic international legal vision, and narrow political interest of the Hague Conferences became a characteristic, even an expected feature, of collective international lawmaking efforts in this century.


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