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22 - Settlement of disputes

Published online by Cambridge University Press:  05 August 2012

Anthony Aust
Affiliation:
London School of Economics and Political Science
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Summary

the law's delay …

Collier and Lowe, The Settlement of Disputes in International Law, Oxford, 1999

Brownlie, Principles of Public International Law, 6th edn, Oxford, 2003, pp. 671–94

Merrills, International Dispute Settlement, 3rd edn, Cambridge, 1998

Handbook on the Peaceful Settlement of Disputes between States, UN, New York, 1992

Any respectable domestic legal system has a hierarchy of tribunals ending with a final court of appeal. International law has no such system. Since each state is sovereign, it cannot be required to submit to the jurisdiction of an international tribunal (which term includes international courts) unless it has consented to its jurisdiction. And there is no hierarchy of tribunals, but rather an unsystematic patchwork. Even though judgments of the International Court of Justice (ICJ) are very influential, it is not at the apex of the international legal system. In this chapter, we look at some international tribunals. (See p. 246 above for the European Court of Human Rights, p. 273 above for international criminal tribunals, p. 382 above for the World Trade Organization and p. 475 below for the European Court of Justice.)

Many disputes are settled quickly and informally; others can take many years to resolve; some are never resolved; and with some it is better to manage them than attempt a resolution. A dispute is usually between only two parties. There is no one method of dispute settlement, or even one that is generally used.

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Publisher: Cambridge University Press
Print publication year: 2005

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  • Settlement of disputes
  • Anthony Aust, London School of Economics and Political Science
  • Book: Handbook of International Law
  • Online publication: 05 August 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511494123.025
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  • Settlement of disputes
  • Anthony Aust, London School of Economics and Political Science
  • Book: Handbook of International Law
  • Online publication: 05 August 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511494123.025
Available formats
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To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Settlement of disputes
  • Anthony Aust, London School of Economics and Political Science
  • Book: Handbook of International Law
  • Online publication: 05 August 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511494123.025
Available formats
×