Inter-State Human Rights Disputes
Mapping Dispute Resolution Options Including Conciliation
In: International Human Rights Law ReviewSearch for other papers by Merryl Lawry-White in
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Abstract
This paper maps the factors that States consider when deciding whether to raise inter-State disputes to an international dispute resolution body. It focuses particularly on these factors in the context of human rights disputes, including whether such disputes will be brought before the mechanisms provided for under the universal human rights treaties, and notably conciliation commissions. While traditionally negotiation has been seen as the most appropriate way to resolve inter-State disputes, there are times that human rights disputes may benefit from a different approach. It discusses (i) the general trend to negotiate or mediate disputes; (ii) the importance of taking a contextual perspective; (iii) the patchwork of international norms; (iv) key legal and factual considerations; (v) choice of mechanism/process; and (vi) palatability of the potential dispute resolution options. The paper concludes by providing a roadmap for States deciding whether to commence an international dispute and which forum to choose.
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| All Time | Past 365 days | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 328 | 257 | 12 |
| Full Text Views | 45 | 31 | 3 |
| PDF Views & Downloads | 118 | 75 | 1 |
Inter-State Human Rights Disputes
Mapping Dispute Resolution Options Including Conciliation
In: International Human Rights Law ReviewSearch for other papers by Merryl Lawry-White in
Current site
Google Scholar
PubMed
Abstract
This paper maps the factors that States consider when deciding whether to raise inter-State disputes to an international dispute resolution body. It focuses particularly on these factors in the context of human rights disputes, including whether such disputes will be brought before the mechanisms provided for under the universal human rights treaties, and notably conciliation commissions. While traditionally negotiation has been seen as the most appropriate way to resolve inter-State disputes, there are times that human rights disputes may benefit from a different approach. It discusses (i) the general trend to negotiate or mediate disputes; (ii) the importance of taking a contextual perspective; (iii) the patchwork of international norms; (iv) key legal and factual considerations; (v) choice of mechanism/process; and (vi) palatability of the potential dispute resolution options. The paper concludes by providing a roadmap for States deciding whether to commence an international dispute and which forum to choose.
| All Time | Past 365 days | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 328 | 257 | 12 |
| Full Text Views | 45 | 31 | 3 |
| PDF Views & Downloads | 118 | 75 | 1 |
