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NCJ Number: 99227 Find in a Library
Title: International Dispute Settlement
Author(s): J G Merrills
Date Published: 1984
Page Count: 225
Language: English
Country: United Kingdom
Annotation: In discussing the techniques and institutions for the peaceful settlement of disputes between countries, this book explains what they are, how they work, when they are used, and their respective strengths and limitations.
Abstract: Chapters cover each of the 'diplomatic' means of settlement: negotiation, where matters are entirely in the hands of the parties; and mediation, inquiry, and conciliation, which involve outside assistance. Mediation is an extension of negotiation, using a third party informally to assist in reaching an agreement. Conciliation institutionalizes third-party intervention in an ad hoc or permanent commission to define settlement terms that may be accepted by the parties. Inquiry involves a court or other official body in ruling on a disputed issue of fact without imposing a settlement in the broader dispute. The book proceeds from a discussion of the aforementioned 'diplomatic' means of dispute settlement to a consideration of 'legal' means: arbitration and judicial settlement through the World Court, both of which result in a legally binding settlement. To underline the interaction of 'legal' and 'diplomatic' settlement means and provide an example of their use in a specific context, a chapter reviews arrangements for dispute settlement in the 1982 Law of the Sea Convention. The final two chapters consider the role of political institutions in international dispute settlement, namely, the roles of the United Nations and regional organizations. The appendix contains official documents pertinent to specific international disputes.
Index Term(s): Alternative dispute settlement; Arbitration; International Court of Justice; International dispute settlement; Mediation; Negotiation; United Nations (UN)
Note: Modern Legal Studies
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