PEACEFUL DISPUTE RESOLUTION, ARBITRATION & INTERNATIONAL TRIBUNALS. Prof David K. Linnan USC LAW # 783 Unit Seventeen
|
|
- Jasmine Preston
- 5 years ago
- Views:
Transcription
1 PEACEFUL DISPUTE RESOLUTION, ARBITRATION & INTERNATIONAL TRIBUNALS Prof David K. Linnan USC LAW # 783 Unit Seventeen
2 PEACEFUL SETTLEMENT HISTORY 1. Modern history of int l arbitration reaching back to late 18 th century & 1794 US- UK post-revolutionary War Jay Treaty [further afield, int l commerical arbitration] 2. Use of force abolition as dispute resolution mechanism in 20 th century (UN Charter art 2(2)) increased pressure for formal peaceful mechanisms
3 NOT COURTS LITIGATION VS CONSENSUAL MODEL 3. However, peaceful resolution of disputes does not necessarily mean courts, since preference has always been for consensual resolutions between states (via negotiation) 4. Judicialization of int l law is something other than pure peaceful dispute resolution a. May be tied to individual rights & human rights approaches (int l law system participants of too great power disparity) b. May be separate strand of legalization aspirations in bringing in mandatory courts/judges/separation of powers under rule of law views
4 ASSUMPTIONS REMEMBER REGARDING INT L LAW SYSTEM 1. Sovereign nations 2. Subject only to jurisdiction by consent 3. Some disputes may not be subject to short term, or even any resolution 4. Basic nature of disputes different on state versus nonstate actor level 5. Basic nature of law different since States make law rather than Courts, no law ex aequo et bono and possibility of non liquet response
5 DISPUTES WHAT IS A DISPUTE? 1. Not all disagreements are disputes for dispute resolution purposes 2. Is dispute same as case or controversy following domestic law terminology? a. No, advisory opinions seeming not problematic b. Focus on parties conflict about rights with practical consequences
6 JUSTICIABLE? ARE FOLLOWING DISPUTES JUSTICIABLE? 1. What about US-Russian (earlier Soviet) disagreements re recently terminated ABM treaty & Strategic Defense Initiative? a. Krasnoyarsk radar b. Star Wars defense, now mutated into Bush missile defense 2. What about dispute re East Timor, now Timor Lorosae, Indonesia-Portugal (as former colonial power) originally later Indonesia-UN more generally? Problem of selfdetermination, evidence of peaceful resolution?
7 NEGOTIATION BASIS FOR NOT PREFERRING JUDICIAL RESOLUTION, BEYOND LACK OF INT L SOVEREIGN 1. Negotiation a. Benefits of compromise i. Consensual within traditional international law framework ii. iii. Country interests sufficiently protected No problem with issues re what is law
8 GOOD OFFICES/MEDIATION NON-JUDICIAL PREFERENCE 2. Good Offices 3-P inducing disputants to negotiate (eg, UN Secretary General) 3. Mediation 3-P participates in talks as neutral facilitator (eg, US with Palestinians and Israelis under Mitchell) a. In modern setting, recognize 3-P mediation offer is not an unfriendly act
9 CONCILIATION/INQUIRY NON-JUDICIAL PREFERENCE (CONT D) 4. Conciliation 3-P participates in talks as neutral facilitator and suggests non-binding solutions 5. Inquiry 3-P body investigates and reports on facts, possibly linked to further resolution suggestions
10 ARBITRATION I NON-JUDICIAL PREFERENCE (CONT D) 6. Arbitration (State to State) Binding nature distinguishes from conciliation and prior categories a. Undertaking to arbitrate and compromis d arbitrage b. Must fix applicable law and rules (arbitrators too) c. Standing tribunal versus ad hoc arbitral choices d. Prior (and problems of attempt to thwart, e.g., not naming arbitrators) versus immediate
11 ARBITRATION II NON-JUDICIAL PREFERENCE/ARBITRATION (CONT D) 1. Substantive problems of arbitration, Model Rules on Arbitration Art. 35 grounds for challenging awards a. Typically, tribunal exceeding powers (e.g., arbitrators disregarding direction to choose between alternatives, baseball style rules)
12 ARBITRATION III ON-JUDICIAL PREFERENCE/ARBITRATION (CONT D) 2. Other legal limitations a. Fraudulent inducement through untrue testimony b. Traditional standard for overturning award essential error i. Issue whether only fraud and errors of fact VERSUS ii. (Major) errors of law A. What are major and manifest error standards? B. Mistake in interpreting terms of compromise versus determining legal issue like state succession
13 ARBITRATION IV ON-JUDICIAL PREFERENCE/ARBITRATION (CONT D) 3. Claims tribunal tradition a. Older US-Mexican plus post WW II tribunals b. More recently US-Iran claims tribunals WHAT MIGHT A CLAIMS TRIBUNAL RESOLUTION LOOK LIKE TO LONGER TERM ISRAELI- PALESTINIAN DISPUTE AT WORKING LEVEL, GOING ALL THE WAY BACK TO NATIONALITY, REFUGEE AND LAND OWNERSHIP STARTING IN 1947 EVEN ASSUMING EVENTUAL RESOLUTION OF A MAP THROUGH THE WEST BANK NEGOTIATIONS POST-OSLO ACCORDS
14 STANDING VS AD HOC HISTORY OF INT L TRIBUNALS 1. Standing courts part & parcel of two successive major int l organizations a. Permanent Int l Court of Justice ( , League of Nations) b. Int l Court of Justice (since 1946, United Nations) 2. Notwithstanding permanent character, since jurisdiction voluntary more quasi-arbitral tribunals a. Heart of older world peace through law efforts b. Somewhat suspect in official US eyes as UN affiliated, grasping for armed conflict jurisdiction c. Technical issue of how ICJ as chief UN judicial organ fits in with other institutions, chiefly political Security Council & place in disputes between General Assembly and Security Council (armed conflict issues, e.g., advisory opinion re Israeli security wall)
15 ICJ JURISDICTION I INT L COURT OF JUSTICE STATUTE 1. Only states may be parties, art 34 (problematic for NGOs given desire to participate) 2. Jurisdiction upon states voluntarily referring matter, matters specially provided for in UN Charter, or in other treaties & conventions, art 36 (but reservation & reciprocity practice) a. Interpretation of a treaty b. Any question of int l law c. Factual determinations for state responsibility purposes d. Nature or extent of reparations THE ICJ DETERMINES ITS OWN JURISDICTION
16 ICJ JURISDICTION II INT L COURT OF JUSTICE STATUTE (CONT D) 3. Advisory opinions (non-binding) authorized under UN Charter, art 65 (basically, General Assembly, Security Council & UN organs authorized by General Assembly) 4. Most of friction concerning ICJ jurisdiction going back to 1980s involved armed conflict proceedings & claims not suited to judicial resolution (e.g., US withdrawal from mandatory ICJ jurisdiction re Nicaragua case) 5. Practical problems of withdrawal & essentially consensual jurisdiction based upon nature of state parties QUERY, IF ICJ ONLY FOR STATES WHERE DOES MODERN HUMAN RIGHTS FOR INDIVIDUALS, ETC. FIT?
17 SPECIAL TRIBUNALS REGIONAL/SPECIALIZED TREATY-BASED INT L LAW TRIBUNALS 1. Specialized int l tribunals as European Court of Justice for EU matters (essentially constitutional tribunal) 2. Extensive regional human rights court system (best known is European Court of Human Rights in Stassbourg) 3. Analogous status for International Tribunal for the Law of the Sea 4. Arguably status for dispute resolution mechanisms in economic law as for WTO, or NAFTA
18 WAR CRIMES, ETC. TRIBUNALS FOR INDIVIDUAL RESPONSIBILITY RE WAR CRIMES, OFFENSES AGAINST HUMANITY, ETC 1. General precursors to all current int l criminal law or war crimes tribunals were Nuremberg & Tokyo tribunals post-ww II 2. Attempt since circa 1980 to create int l criminal law as such with ad hoc tribunals for former Yugoslavia & Rwanda (created by UN Security Council resolution), now Int l Criminal Court discussed in class problem 3. Individual responsibility is their jurisdiction, so no longer are tribunals purely state to state OTHER INDIVIDUAL CLAIMS MORE VIA NATIONAL COURTS (REMEMBER ATCA UNDER UNIT 4, ETC.)
19 BROADER THEMES PEACEFUL DISPUTE RESOLUTION & COURTS 1. Arguable link between individual rights/responsibilities ideas & growth of courts, plus legalization efforts 2. Now visible clash of justice vs peace kinds of efforts to try dictators or recover damages vs achieve political solutions as with armed conflicts 3. Do you need courts & specifically int l courts for int l law, why or why not? What does answer tell you about int l law system? About lawyers?
UN CHARTER & STRUCTURAL ASPECTS. Prof David K. Linnan USC LAW # 783 Unit Nine
UN CHARTER & STRUCTURAL ASPECTS Prof David K. Linnan USC LAW # 783 Unit Nine BACKGROUND I POLITICAL VS LEGAL BACKGROUND 1.Atlantic Charter August 1941 pre-us entry into WW II US-UK discussions of future
More informationTREATIES. Prof David K. Linnan USC LAW # 783 Unit 16
TREATIES Prof David K. Linnan USC LAW # 783 Unit 16 DEFINITION TREATY DEFINITION RE VIENNA CONVENTION ART 1(a) [T]reaty means an international agreement concluded between States in written form and governed
More informationHUMAN TRAFFICKING CLASS ONE INTRODUCTION AND LEGAL BASICS
HUMAN TRAFFICKING CLASS ONE INTRODUCTION AND LEGAL BASICS Prof. David K. Linnan UI-USC-UniKoeln-UGM-UNDIP-USU Univ. of South Carolina Joint Videoconferencing Class School of Law January 15, 2003 TRAFFICKING
More informationPUBLIC INT L LAW CLASS ELEVEN TREATIES. Prof David K. Linnan USC LAW # /28/03
PUBLIC INT L LAW CLASS ELEVEN Prof David K. Linnan USC LAW # 783 10/28/03 IN INTERNATIONAL LAW Leading source under modern doctrine Distinguish US constitutional treaty from international law treaty (encompassing,
More informationPUBLIC INT L LAW CLASS SIX TERRITORIAL SOVEREIGNTY. Prof David K. Linnan USC LAW # /23/03
PUBLIC INT L LAW CLASS SIX TERRITORIAL Prof David K. Linnan USC LAW # 783 09/23/03 Concepts at stake: 1. Traditional ideas of terra nullius and savage society versus locally organized peoples 2. Intertemporal
More informationEnforcement & Dispute Resolution Outline. Cecilia M. Bailliet
Enforcement & Dispute Resolution Outline Cecilia M. Bailliet UN Charter Art. 2 (3) All members shall settle their international disputes by peaceful means in such a manner that international peace and
More informationINTERNATIONAL DISPUTE RESOLUTION SYLLABUS SUMMER 2010 SOUTHWESTERN SUMMER PROGRAM IN ARGENTINA PROFESSOR CARRIE MENKEL-MEADOW
C. Menkel-Meadow Summer 2010 Dispute Resolution INTERNATIONAL DISPUTE RESOLUTION SYLLABUS SUMMER 2010 SOUTHWESTERN SUMMER PROGRAM IN ARGENTINA PROFESSOR CARRIE MENKEL-MEADOW 1 C. Menkel-Meadow Summer 2010
More informationContract Disputes Act of 1978 (Federal Acquisition Regulation - Subpart 33.2)
Appendix 1 - Contract Disputes Act of 1978/FAR 33.2 Contract Disputes Act of 1978 (Federal Acquisition Regulation - Subpart 33.2) This appendix contains the complete SUBPART 33.2-DISPUTES AND APPEALS of
More informationThe Individual in the International Legal System: Continuity and Change in International Law
The Individual in the International Legal System: Continuity and Change in International Law Kate Parlett CAMBRIDGE UNIVERSITY PRESS Contents Foreword Acknowledgements Select list of abbreviations Table
More informationJustine Bendel, James Harrison *
Determining the legal nature and content of EIAs in International Environmental Law: What does the ICJ decision in the joined Costa Rica v Nicaragua/Nicaragua v Costa Rica cases tell us? Justine Bendel,
More informationDispute Resolution in Romania - Before and After Accession to the European Union
International In-house Counsel Journal Vol. 2, No. 6, Winter 2009, 935 939 Dispute Resolution in Romania - Before and After Accession to the European Union ANDREEA CHIRITA Legal Counsel, Ministry of Economy
More informationFACT SHEET THE INTERNATIONAL CRIMINAL COURT
FACT SHEET THE INTERNATIONAL CRIMINAL COURT 1. What is the International Criminal Court? The International Criminal Court (ICC) is the first permanent, independent court capable of investigating and bringing
More informationEnforcement & Dispute Resolution Outline. Cecilia M. Bailliet
Enforcement & Dispute Resolution Outline Cecilia M. Bailliet Hersch Lauterpacht International Law should be functionally oriented towards both the establishment of peace between nations and the protection
More informationThe Protection of Foreigners and Investments Abroad Diplomatic Protection of Natural and Legal Persons
The Protection of Foreigners and Investments Abroad Diplomatic Protection of Natural and Legal Persons Structure 1. Introduction 1. Brief historical background 2. Contemporary system of protection 2. Primary
More informationLegal Fact Sheet Palestinian Statehood According to International Law
Legal Fact Sheet Palestinian Statehood According to International Law International law has various theories about the attributes of statehood, and as a result there are widely-differing opinions among
More informationVorlesung / Course Einführung in die Rechtsvergleichung Introduction to Comparative Law
Prof. Dr. Alexander Trunk Vorlesung / Course Einführung in die Rechtsvergleichung Introduction to Comparative Law Winter term (WS) 2015-2016 http://eastlaw.uni-kiel.de 20.10.2015: Basic questions and structures
More informationChapter 4 Drafting the Arbitration Agreement
Chapter 4 Drafting the Arbitration Agreement 4:1 Introduction 4:2 Initial Questions 4:3 Checklists 4:3.1 Checklist for Domestic Arbitrations 4:3.2 Checklist for International Arbitrations 4:4 Domestic
More informationADR in FIDIC Contracts and the Cyprus perspective
ADR in FIDIC Contracts and the Cyprus perspective Alternative Dispute Resolution (ADR) in the Construction Industry: History Advantages and Disadvantages 1 Eur. Ing. Platonas Stylianou B.Eng. (Hons), MSc,
More informationArbitration Law of Canada: Practice and Procedure
Arbitration Law of Canada: Practice and Procedure Third Edition J. Brian Casey JURIS Questions About This Publication For assistance with shipments, billing or other customer service matters, please call
More informationNFA Arbitration: Resolving Customer Disputes
NFA Arbitration: Resolving Customer Disputes Contents Why arbitration? 2 What does it cost to arbitrate? 4 What is NFA Arbitration? 6 Glossary of terms 17 National Futures Association (NFA) is a self-regulatory
More informationInternational Arbitration in the South China Sea
International Arbitration in the South China Sea Figure 1: Claims made by various South Asian Nations on maritime structures in the SCS. Source: The New York Times International Arbitration The South China
More informationPalestinian Statehood, the Two-State Solution and Peace
Palestinian Statehood, the Two-State Solution and Peace Introduction Position Paper 1 August 2011 The General Delegation of Palestine to Australia, New Zealand and the Pacific Introduction 1 Statehood
More informationISBA Professional Conduct Advisory Opinion
ISBA Professional Conduct Advisory Opinion Opinion No. 13-05 May 2013 Subject: Digest: Client Fraud; Court Obligations; Withdrawal from Representation When a lawyer discovers that his or her client in
More informationNASSAU COUNTY BAR ASSOCIATION MEDIATION AND ARBITRATION PANELS ARBITRATION RULES
NASSAU COUNTY BAR ASSOCIATION MEDIATION AND ARBITRATION PANELS ARBITRATION RULES 1. Definitions: a. Mediation and Arbitration Panels. The Nassau County Bar Association ("Association") has established the
More informationArbitration vs. Litigation
Arbitration vs. Litigation November 15, 2017 Choosing Your Dispute Resolution Method Wisely James Tancula Partner +1 312 701 7900 jtancula@mayerbrown.com Miles Robinson Partner +44 20 3130 3974 miles.robinson@mayerbrown.com
More informationThe Contribution of International Courts to Promoting Peace. Gentian Zyberi, Associate Professor Norwegian Centre for Human Rights University of Oslo
The Contribution of International Courts to Promoting Peace Gentian Zyberi, Associate Professor Norwegian Centre for Human Rights University of Oslo Outline What is peace? What is the function of international
More informationCHAPTER XX DISPUTE SETTLEMENT. SECTION 1 Objective, Scope and Definitions. ARTICLE [1] Objective. ARTICLE [2] Scope
Disclaimer: The negotiations between the EU and Japan on the Economic Partnership Agreement (the EPA) have been finalised. In view of the Commission's transparency policy, we are hereby publishing the
More informationTerms of Reference ( TOR ).
Terms of Reference. An Arbitrator s Perspective Karen Mills Chartered Arbitrator KarimSyah Law Firm, Jakarta One of the features which sets ICC arbitration references apart from other arbitration procedures,
More informationThe lack of Aboriginal political development means we are not in a position to demand fullblown self-determination. We lack the 5 key ingredients-
Self-determination through an Aboriginal 7 th State of Australia: an APG model Self-determination is not new to Australia. In 1974 the Whitlam government established the NACC (National Aboriginal Consultative
More informationINT L TRADE LAW: DOHA DECLARATION & AGRICULTURAL TRADE. Prof David K. Linnan USC LAW # 665 Unit Fourteen
INT L TRADE LAW: DOHA DECLARATION & AGRICULTURAL TRADE Prof David K. Linnan USC LAW # 665 Unit Fourteen BEYOND PILLARS DOHA MINISTERIAL DECLARATION 1. Concept of trade policy & restarting post- Uruguay
More informationContemporary Issues in International Law. Syllabus Golden Gate University School of Law Spring
Contemporary Issues in International Law Syllabus Golden Gate University School of Law Spring - 2011 This is a fourteen (14) week designed to provide students with the opportunity to understand how principles
More informationMODEL CLAUSES FOR ALTERNATIVE DISPUTE RESOLUTION
1 Background MODEL CLAUSES FOR ALTERNATIVE DISPUTE RESOLUTION This paper and the clauses that are set out below form a companion-piece to the chapter entitled Alternative Dispute Resolution Clauses in
More informationMARYLAND RULES OF PROCEDURE TITLE 17 ALTERNATIVE DISPUTE RESOLUTION TABLE OF CONTENTS
MARYLAND RULES OF PROCEDURE TITLE 17 ALTERNATIVE DISPUTE RESOLUTION TABLE OF CONTENTS CHAPTER 100 GENERAL PROVISIONS CHAPTER 200 - PROCEEDINGS IN CIRCUIT COURT CHAPTER 300 - PROCEEDINGS IN THE DISTRICT
More informationEthical and Practical Guidance to Avoiding Pitfalls When Drafting Arbitration Clauses. October 11, 2016
Ethical and Practical Guidance to Avoiding Pitfalls When Drafting Arbitration Clauses October 11, 2016 LIONEL M. SCHOOLER JACKSON WALKER, L.L.P. 1401 McKinney, Suite 1900 HOUSTON, TEXAS 77010 (713) 752-4200
More informationSelected Model Rules of Professional Conduct Ellen C. Yaroshefsky
Selected Model Rules of Professional Conduct Ellen C. Yaroshefsky Howard Lichtenstein Distinguished Professor of Legal Ethics and Executive Director of the Monroe H. Freedman Institute for the Study of
More informationTHE PRELIMINARY RULING PROCEDURE AND THE ROLE OF THE NATIONAL JUDGE
THE PRELIMINARY RULING PROCEDURE AND THE ROLE OF THE NATIONAL JUDGE Prof. Dr. V. A. CHRISTIANOS Faculty of Law University of Athens Introduction Article 267 TFEU establishes a procedure characterised by
More informationConvention on the settlement of investment disputes between States and nationals of other States
1 Convention on the settlement of investment disputes between States and nationals of other States Washington, 18 March 1965 PREAMBLE The Contracting States Considering the need for international cooperation
More informationChapter 8 National Self-Determination
Chapter 8 National Self-Determination Chapter Issue: Should national self-determination be pursued? Related Issue #2: Should nations pursue national interest? Name: #1 Chapter 8: National Self-Determination
More informationJUDICIAL REVIEW. In Marbury v. Madison (1803), arguably the most significant case in American constitutional law, the U.S. Supreme Court opined:
JUDICIAL REVIEW Judicial Review: The process by which a court decides the constitutionality of legislative enactments and actions by the executive branch. While the U.S. Constitution makes no mention of
More informationSupranational Elements within the International Labor Organization
Sebastian Buhai SSC 271-International and European Law: Assignment 2 27 March 2001 Supranational Elements within the International Labor Organization Scrutinizing the historical development of the general
More informationImplementing UNCLOS: Legislative and Institutional Aspects at a National Level
Implementing UNCLOS: Legislative and Institutional Aspects at a National Level Prof. Ronán Long National University of Ireland Galway Human Resources Development and Advancement of the Legal Order of the
More informationIntroductory remarks at the Seminar on the Links between the Court and the other Principal Organs of the United Nations.
SPEECH BY H.E. JUDGE PETER TOMKA, PRESIDENT OF THE INTERNATIONAL COURT OF JUSTICE, TO THE LEGAL ADVISERS OF UNITED NATIONS MEMBER STATES Introductory remarks at the Seminar on the Links between the Court
More informationUNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY
Case 3:11-cv-06209-AET -LHG Document 11 Filed 12/12/11 Page 1 of 7 PageID: 274 NOT FOR PUBLICATION UNITY CONSTRUCTION SERVICES, INC., UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY v. Petitioner,
More informationTOPIC EIGHT: USE OF FORCE. The use of force is of particular concern to the international community.
TOPIC EIGHT: USE OF FORCE The use of force is of particular concern to the international community. It is important to distinguish between two different applicable bodies of law: one relating to the right
More information1965 CONVENTION ON THE SETTLEMENT OF INVESTMENT DISPUTES BETWEEN STATES AND NATIONALS OF OTHER STATES
1965 CONVENTION ON THE SETTLEMENT OF INVESTMENT DISPUTES BETWEEN STATES AND NATIONALS OF OTHER STATES Adopted in Washington, D.C, the United States of America on 18 March 1965 PREAMBLE... 4 CHAPTER 1 INTERNATIONAL
More informationCase 2:09-cv MVL-JCW Document 20 Filed 08/03/10 Page 1 of 9 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA VERSUS NO:
Case 2:09-cv-07191-MVL-JCW Document 20 Filed 08/03/10 Page 1 of 9 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA UNITED STEEL WORKERS AFL- CIO AND UNITED STEEL WORKERS AFL-CIO LOCAL 8363 CIVIL
More informationEMPLOYMENT JAMS POLICY ON EMPLOYMENT ARBITRATION MINIMUM STANDARDS OF PROCEDURAL FAIRNESS
EMPLOYMENT JAMS POLICY ON EMPLOYMENT ARBITRATION MINIMUM STANDARDS OF PROCEDURAL FAIRNESS Effective JULY 15, 2009 JAMS POLICY ON EMPLOYMENT ARBITRATION MINIMUM STANDARDS OF PROCEDURAL FAIRNESS This document
More informationARBITRATION RULES OF THE SINGAPORE INTERNATIONAL ARBITRATION CENTRE SIAC RULES (5 TH EDITION, 1 APRIL 2013)
ARBITRATION RULES OF THE SINGAPORE INTERNATIONAL ARBITRATION CENTRE SIAC RULES (5 TH EDITION, 1 APRIL 2013) 1. Scope of Application and Interpretation 1.1 Where parties have agreed to refer their disputes
More informationTHE INTERNATIONAL COURT OF JUSTICE
THE INTERNATIONAL COURT OF JUSTICE Portugal v. Australia BY SABRINA FORTE *Note: This is a historical case, which means that the Court ought to address the facts and merits surrounding the case as if it
More informationPage 1 of 17 Attorney General International Commercial Arbitration Act (R.S.N.B. 2011, c. 176) Act current to March 7, 2012 2011, c.176 International Commercial Arbitration Act Deposited May 13, 2011 Definitions
More informationMedellin's Clear Statement Rule: A Solution for International Delegations
Fordham Law Review Volume 77 Issue 2 Article 9 2008 Medellin's Clear Statement Rule: A Solution for International Delegations Julian G. Ku Recommended Citation Julian G. Ku, Medellin's Clear Statement
More informationAGREEMENT TO PROMOTE COMPLIANCE WITH INTERNATIONAL CONSERVATION AND MANAGEMENT MEASURES BY FISHING VESSELS ON THE HIGH SEAS PREAMBLE
AGREEMENT TO PROMOTE COMPLIANCE WITH INTERNATIONAL CONSERVATION AND MANAGEMENT MEASURES BY FISHING VESSELS ON THE HIGH SEAS The Parties to this Agreement, PREAMBLE Recognizing that all States have the
More informationEU Council Working Group on Public International Law - COJUR
EU Council Working Group on Public International Law - COJUR Address by Ms. Patricia O Brien Under-Secretary-General for Legal Affairs The Legal Counsel Wednesday, 6 February 2013 Justus-Lipsius-Building,
More informationF.International Dispute Settlement
F.International Dispute Settlement 1 Introduction to peaceful international settlement - UN member states have the obligation to settle disputes peacefully Art 2 UN Charter --- 3. All Members shall settle
More informationArbitration of Distribution and Franchise Disputes
Arbitration of Distribution and Franchise Disputes Gerald Saltarelli Abstract: Manufacturers and other sellers of goods and services reach their markets through a variety of means, including distributor
More informationBackground information:
EMN Ad-Hoc Query on Loss of nationality by operation of law on account of residence abroad and acquisition of nationality by operation of law by children not born in Requested by NL EMN NCP on 3rd August
More informationOn Submission to the Commonwealth Court. Hyderabad, India
COMMONWEALTH MOOT COURT COMPETITION (INTERNATIONAL ROUNDS) 2010/2011 On Submission to the Commonwealth Court Hyderabad, India CASE CONCERNING THE ISLAND OF CISLAND AND CERTAIN OTHER MATTERS REPUBLIC OF
More informationPLEASE NOTE. For more information concerning the history of this Act, please see the Table of Public Acts.
PLEASE NOTE This document, prepared by the Legislative Counsel Office, is an office consolidation of this Act, current to January 1, 2009. It is intended for information and reference purposes only. This
More informationSummary of Policy Recommendations
Summary of Policy Recommendations 192 Summary of Policy Recommendations Chapter Three: Strengthening Enforcement New International Law E Develop model national laws to criminalize, deter, and detect nuclear
More informationCONCEPT OF INTERNATIONAL COURT IN INTERNANTIONAL CRIMINAL LAW
An Open Access Journal from The Law Brigade (Publishing) Group 122 CONCEPT OF INTERNATIONAL COURT IN INTERNANTIONAL CRIMINAL LAW Written by Ratnesh Shah 5 th Year Student of B.Com LLB, Institute of Law,
More informationCOUNTRY OPERATIONS PLAN OVERVIEW
COUNTRY OPERATIONS PLAN OVERVIEW Country: Turkey Planning Year: 2006 2006 COUNTRY OPERATIONS PLAN FOR TURKEY Part 1: OVERVIEW 1. Protection and socio-economic operating environment Turkey s decision to
More informationThe World Intellectual Property Organization
The World Intellectual Property Organization The World Intellectual Property Organization is an international organization dedicated to ensuring that the rights of creators and owners of intellectual property
More informationCHAPTER 14: MAKING FOREIGN POLICY
CHAPTER 14: MAKING FOREIGN POLICY 1 Section 1: Foreign Policy Choices in a Complex World Section 2: How Domestic Actors Affect Foreign Policy Section 3: Foreign Policy and International Institution Section
More informationPROF. ANNA CONLEY (406)
INTERNATIONAL LAW AND ORGANIZATIONS (REVISED 1.25.17) SPRING 2017 TUESDAYS AND THURSDAYS, FINE ARTS 302, 12:30-1:50 PROF. ANNA CONLEY Anna.Conley@mso.umt.edu (406) 830-0367 OVERVIEW OF COURSE: This course
More informationARBITRATION RULES OF THE SINGAPORE INTERNATIONAL ARBITRATION CENTRE SIAC RULES (5 TH EDITION, 1 APRIL 2013) CONTENTS
CONTENTS Rule 1 Scope of Application and Interpretation 1 Rule 2 Notice, Calculation of Periods of Time 3 Rule 3 Notice of Arbitration 4 Rule 4 Response to Notice of Arbitration 6 Rule 5 Expedited Procedure
More informationPrintable Lesson Materials
Printable Lesson Materials Print these materials as a study guide These printable materials allow you to study away from your computer, which many students find beneficial. These materials consist of two
More informationIntellectual Property in WTO Dispute Settlement
Intellectual Property and the Judiciary 17 th EIPIN Congress Strasbourg, 30 January 2016 Intellectual Property in WTO Dispute Settlement Roger Kampf WTO Secretariat The views expressed are personal and
More informationIMMUNITY FOR INTERNATIONAL CRIMES. Jo Stigen Oslo, 9 March 2015
IMMUNITY FOR INTERNATIONAL CRIMES Jo Stigen Oslo, 9 March 2015 States must increasingly accept more interference in their sovereignty in order to ensure fundamental human rights Global task today: Hold
More informationALTERNATIVE DISPUTE RESOLUTION (ADR) PROCEDURES
KAISER ALUMINUM & CHEMICAL CORPORATION ASBESTOS PERSONAL INJURY TRUST ALTERNATIVE DISPUTE RESOLUTION (ADR) PROCEDURES 00015541-3 Page 1 of Attachment A to Asbestos TDP KAISER ALUMINUM & CHEMICAL CORPORATION
More informationc. the existence of any fact which, if established, would constitute a breach of an international obligation;
SUMMARY: MILITARY AND PARAMILITARY ACTIVITIES IN AND AGAINST NICARAGUA, NICARAGUA V UNITED STATES, JURISDICTION AND ADMISSIBILITY, JUDGMENT, (1984) ICJ REP 392; ICGJ 111 (ICJ 1984) 26 NOVEMBER 1984 CONCERNED
More informationVI. READING ASSIGNMENTS International Law (Laws ) Fall 2008
VI. READING ASSIGNMENTS International Law (Laws 6400-002) Fall 2008 Date Lecture Topic Reading Assignments 1. Tuesday, Aug. 26 Overview of Course and International Law: Historical evolution of International
More informationTHE ROLE OF AMICUS CURIAE IN THE INTERNATIONAL COURT OF JUSTICE
THE ROLE OF AMICUS CURIAE IN THE INTERNATIONAL COURT OF JUSTICE Dr. Elena Pineros Polo 1 Dr Elena Pineros WHAT IS THE AMICUS CURIAE? There is no definition of amicus curiae. Neither the Statute nor the
More informationFinancial Dispute Resolution Service (FDRS)
RULES FOR Financial Dispute Resolution Service (FDRS) DATE: 1 April 2015 Contents... 1 1. Title... 1 2. Commencement... 1 3. Interpretation... 1 Part 1 Core features of the Scheme... 3 4. Purpose of the
More informationISBA Professional Conduct Advisory Opinion
ISBA Professional Conduct Advisory Opinion Opinion No. 13-03 January 2013 Subject: Digest: References: Arbitration and Mediation; and Unauthorized Practice of Law A nonlawyer s representation of parties
More informationNotes. Can a Mediated Settlement Become an Enforceable Arbitration Award?
Notes Can a Mediated Settlement Become an Enforceable Arbitration Award? THE MEDIATION Institute of the Stockholm Chamber of Commerce has recently adopted a new set of Rules. 1 Article 12 of these Rules
More informationOverview. What is an Industrial Tribunal?
Preparing for Industrial Tribunal Note: This publication is intended to provide general guidance only. It does not constitute legal advice and should not be relied upon as doing so. Overview What is an
More information2. The Russian Judicial System
2. The Russian Judicial System 2.1 Introduction The Russian judicial system consists of federal courts (the Constitutional Court of the Russian Federation, courts of general jurisdiction, and state arbitrazh
More informationUnited States Courts and Imperialism
Washington and Lee Law Review Online Volume 73 Issue 1 Article 13 8-15-2016 United States Courts and Imperialism David H. Moore Follow this and additional works at: https://scholarlycommons.law.wlu.edu/wlulr-online
More informationConcept Paper on Facilitating Specification of the Duty to Protect
Concept Paper on Facilitating Specification of the Duty to Protect Prepared by John H. Knox for Special Representative John G. Ruggie * December 14, 2007 The duties of governments under international law
More informationJURISDICTIONAL PROBLEMS OF THE INTERNATIONAL COURT OF JUSTICE: TOWARDS AN ALTERNATIVE FRAMEWORK?
Jurisdiction of ICJ: Towards an Alternative Framework 49 JURISDICTIONAL PROBLEMS OF THE INTERNATIONAL COURT OF JUSTICE: TOWARDS AN ALTERNATIVE FRAMEWORK? Ridwanul Hoque * The International Court of Justice
More informationI Won t See You in Court: Arbitration Options for Hospitals
I Won t See You in Court: Arbitration Options for Hospitals Presented by Martin L. Fineman & Gabrielle Goldstein September 16, 2010 Today s Speakers Gabrielle B. Goldstein Counsels health care providers,
More informationArbitration Rules. Administered. Effective July 1, 2013 CPR PROCEDURES & CLAUSES. International Institute for Conflict Prevention & Resolution
International Institute for Conflict Prevention & Resolution CPR PROCEDURES & CLAUSES Administered Arbitration Rules Effective July 1, 2013 30 East 33rd Street 6th Floor New York, NY 10016 tel +1.212.949.6490
More informationCase Note. Nicholas POON* LLB (Summa) (Singapore Management University); Justices Law Clerk, Supreme Court of Singapore.
(2014) 26 SAcLJ on Jurisdiction 269 Case Note SETTING ASIDE PRELIMINARY RULINGS ON JURISDICTION International Research Corp plc v Lufthansa Systems Asia Pacific Pte Ltd [2014] 1 SLR 130 and PT Asuransi
More informationUniversity of Oslo Spring 2019 International Commercial Law
University of Oslo Spring 2019 International Commercial Law Choice of governing law Giuditta Cordero-Moss, Ph.D., Dr.Juris Professor, Oslo University Conflict of laws International transactions: Between
More informationScope and Sequence Social Studies 10 - Canada and the World: 1914 to the Present Welcome to the outline of HCOS Social Studies 10 curriculum!
Scope and Sequence Social Studies 10 - Canada and the World: 1914 to the Present Welcome to the outline of HCOS Social Studies 10 curriculum! In this document, you will find a correlation for the core
More informationCONFLICT RESOLUTION, DISPUTE RESOLUTION, ALTERNATIVE DISPUTE RESOLUTION.
CONFLICT RESOLUTION, DISPUTE RESOLUTION, ALTERNATIVE DISPUTE RESOLUTION. PREPARED BY THE NICO HALLE & Co. LAW FIRM Nico Halle & Co. Law Firm LAW FIRM ADDRESS: B.P.: 4876 Douala Immeuble Pharmacie Bell
More informationTWELFTH ORDINARY SESSION
Registry's translation, the French text alone being authoritative. TWELFTH ORDINARY SESSION In re JURADO Judgment No. 70 THE ADMINISTRATIVE TRIBUNAL, Considering the complaint against the International
More informationA World Court of Human Rights: A Solution to the Human Rights issues of the 21 st Century
A World Court of Human Rights: A Solution to the Human Rights issues of the 21 st Century Sophie Zacharia All of us, the international community, i.e. intergovernmental and non-governmental organizations,
More informationREPORTS OF INTERNATIONAL ARBITRAL AWARDS RECUEIL DES SENTENCES ARBITRALES
REPORTS OF INTERNATIONAL ARBITRAL AWARDS RECUEIL DES SENTENCES ARBITRALES Illinois Central Railroad Company (U.S.A.) v. United Mexican States 31 March 1926 VOLUMEIV pp. 21-25 NATIONS UNIES - UNITED NATIONS
More informationStreamlined Arbitration Rules and Procedures
RESOLUTIONS, LLC s GUIDE TO DISPUTE RESOLUTION Streamlined Arbitration Rules and Procedures 1. Scope of Rules The RESOLUTIONS, LLC Streamlined Arbitration Rules and Procedures ("Rules") govern binding
More informationHistory, Principles - 01 History of international law - 02 Principles
SYSTEMATIC CLASSIFICATION PEACE PALACE LIBRARY Public International Law 000 1 Reference Works, General - 01 General - 02 Binding force, sanctions - 03 Comprehensive studies, manuals - 04 Institutions and
More informationCHAPTER 3. Court Systems. 3-1 Forms of Dispute Resolution 3-2 The Federal Court System 3-3 State Court Systems
CHAPTER 3 Court Systems 3-1 Forms of Dispute Resolution 3-2 The Federal Court System 3-3 State Court Systems 3-1 Forms of Dispute Resolution GOALS Explain how disputes can be settled without going to court
More informationDefending Actions for the Enforcement of Foreign Money Judgments in New York: Developments and Strategic Considerations
Defending Actions for the Enforcement of Foreign Money Judgments in New York: Developments and Strategic Considerations May 3, 2018 Davis Polk & Wardwell LLP Presented by Frances E. Bivens Antonio J. Perez-Marques
More informationUNIT 4: POLITICAL ORGANIZATION OF SPACE
UNIT 4: POLITICAL ORGANIZATION OF SPACE Advanced Placement Human Geography Session 5 SUPRANATIONAL ORGANIZATIONS: CHANGING THE MEANING OF SOVEREIGNTY SUPRANATIONAL ORGANIZATIONS Supranational organizations
More informationUPL ADVISORY OPINION NO (March 2012)
UPL ADVISORY OPINION NO. 12-01 (March 2012) SUMMARY This is an advisory opinion regarding the scope of legal services that non-lawyers employed by (or who are principals/owners of) community association
More informationAdvance version. Repertoire of the Practice of the Security Council Supplement Chapter IV VOTING. Copyright United Nations
Repertoire of the Practice of the Security Council Supplement 1996-1999 Chapter IV VOTING Chapter IV Copyright United Nations 1 CONTENTS Page INTRODUCTORY NOTE... 1 PART I. PROCEDURAL AND NON-PROCEDURAL
More informationDispute Resolution Around the World. Poland
Dispute Resolution Around the World Poland Dispute Resolution Around the World Poland 2011 Dispute Resolution Around the World Poland Table of Contents 1. Legal System... 1 2. The Courts... 1 3. Legal
More informationFOREWORDS. The Netherlands Minister of Foreign Affairs
VII FOREWORDS A volume on the Hague-based institutions focusing on peace and justice is a multifaceted enterprise. The editors are honoured to note that three aspects of this project are highlighted below
More informationArbitration Act B.E. 2545
1 (Translation) Arbitration Act B.E. 2545 BHUMIBOL ADULYADEJ, REX., Given on the 23 rd day of April B.E. 2545 (2002) Being the 57 th Year of the Present Reign. His Majesty King Bhumibol Adulyadej is graciously
More informationGreening International Jurisprudence
Greening International Jurisprudence Environmental NGOs before International Courts, Tribunals, and Compliance Committees By Cathrin Zengerling M A R T I N U S NIJHOFF PUBLISHERS LEIDEN. BOSTON 2013 Contents
More information