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Remedies in International Law: The Institutional Dilemma

Edited by: Malcolm D. Evans

ISBN13: 9781901362350
ISBN: 1901362353
Published: August 1998
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £160.00



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This collection of essays by international lawyers seeks to provide an informed analysis of the growing spectrum of remedies available in international forums for breaches of international law.

The major institution active in offering remedies for such breaches is the International Court of Justice (ICJ), and this volume contains reflections by two of its members, Judge Higgins and Judge Koroma.

But the ICJ is no longer alone in offering a forum for the granting of remedies; the proliferation of bodies includes the European Court of Justice, the World Trade Organization and the International Tribunal on the Law of the Sea. Several of the contributions in the book deal with these institutions and their work.

In addition there are essays on mediation in international law, diplomatic settlement and arbitration.

Subjects:
Public International Law
Contents:
Remedies and the International Court of Justice - an introduction, Rosalyn Higgins; a practical look at the International Court of Justice, Malcolm N. Shaw; reflections on the incidental jurisdiction of the International Court of Justice, John G. Merrills; the International Tribunal for the Law of the Sea, David Anderson; dispute settlement in the law of the sea - the context of the International Tribunal for the Law of the Sea and alternatives to it, Robin Churchill; negotiation and dispute settlement, David Anderson; alternative dispute resolution under international law, Christine Chinkin; uniformity in international commercial arbitration, Michael Furmston; GATT/WTO dispute settlement mechanisms - an introduction, Bernhard Jansen; environmental dispute settlement - some reflections on recent developments, Phoebe Okawa; international wrongs and national jurisdiction, Malcolm D. Evans; the Treat of Amsterdam - towards a more effective enforcement of international obligations?, Nanette A. Neuwahl; the communities, the union and beyond - community law in the international sphere?, William Robinson.