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Diplomatic and Judicial Means of Dispute Settlement
'Diplomatic and Judicial Means of Dispute Settlement' addresses a question of growing practical and theoretical importance in international law: the synergies and potential conflicts among different means of settling international disputes. The contributing authors, who include some of the world's leading academics and practitioners, analyze various areas where such interactions have become ever more frequent, such as the law of territorial disputes, international criminal law, international trade law, investment arbitration, and human rights. The ground-breaking new volume aims to provide both a survey of prominent case-studies and an analytical framework to foster research on this increasingly important topic.
Laurence Boisson de Chazournes is Professor of International Law and International Organization at the Faculty of Law of the University of Geneva. She has published widely in many fields of international law and acts as counsel and arbitrator before various international courts and tribunals. Marcelo Kohen is an associate member of the Institute of International Law and a professor of international law at the Graduate Institute of International and Development Studies in Geneva where has been a member of the faculty since 1995. He has also worked as a counsel and advocate for a number of States before the International Court of Justice and has been visiting professor at several European Universities. Jorge E. Viñuales, Ph.D. (Sciences Po Paris), LL.M. (Harvard) is the Pictet Chair in International Environmental Law and an Assistant Professor of Public International Law at The Graduate Institute, Geneva. He has substantial experience as a practitioner and has published widely, most recently Foreign Investment and the Environment in International Law (Cambridge University Press, 2012).
"In promoting the understanding that international disputes are best approached not simply through different methods but also through their interactions, this volume serves as a foundation for further development of work in this burgeoning field."
-Anna Spain, University of Colorado Law School
-Anna Spain, University of Colorado Law School
List of Contributors
Acknowledgements
Introduction
Laurence Boisson de Chazournes, Marcelo G. Kohen and Jorge E. Viñuales
Chapter 1: Opening Remarks
H.E. Bernardo Sepúlveda-Amor
Section I: Interaction at the Initiation of a Dispute Settlement Procedure
Chapter 2: Interaction Between Diplomatic and Judicial Means at the Initiation of Proceedings
Marcelo G. Kohen
Chapter 3: Diplomatic Means as a Trigger of Judicial Means: The Security Council and the ICC
Vera Gowlland-Debbas
Chapter 4: The Impact of Arrest Warrants Issued by International Criminal Courts on Peace Negotiations
Paola Gaeta and Lyne Calder
Section II: Interaction During the Proceedings Before an International Court or Tribunal
Chapter 5: Recourse to the International Court of Justice for the Purpose of Settling a Dispute
Pierre-Marie Dupuy
Chapter 6: Diplomatic and Judicial Means of Dispute Resolution and How They Got Along in the Pulp Mills Case
Pablo Sandonato de León
Chapter 7: The Relationship Between Negotiations and Third-party Dispute Settlement at the WTO, with an Emphasis on the EC-Bananas Dispute
Hélène Ruiz-Fabri
Chapter 8: Investment Disputes - Moving Beyond Arbitration
Michael E. Schneider
Section III: Interaction at the Implementation Stage
Chapter 9: Between Saying and Doing: The Diplomatic Means to Implement the International Court of Justice’s iuris dictum
Laurence Boisson de Chazournes and Antonella Angelini
Chapter 10: Implementation of Recommendations and Rulings in the WTO System
Gabrielle Marceau and Jennifer A. Hamaoui
Chapter 11: Monitoring Compliance with the Decisions of Human Rights Courts: Inter-American Particularism
Magnus-Jesko Langer and Elise Hansbury
Chapter 12: The Use of Alternative (Non-judicial) Means to Enforce Investment Awards Against States
Jorge E. Viñuales and Dolores Bentolila
Section IV: Perspectives on the Interaction Between Diplomatic and Judicial Means
Chapter 13: Two Cases in Perspective: Boundary Delimitation in the Bakassi Peninsula and Criminal Accountability in Kenya
Interview of H.E. Kofi Annan Conducted by Nicolas Michel
Chapter 14: Observations on the Relationship Between Diplomatic and Judicial Means of Dispute Settlement
Lucy Reed
Chapter 15: Non-disputing State Submissions in Investment Arbitration: Resurgence of Diplomatic Protection?
Gabrielle Kaufmann-Kohler
Chapter 16: The Interaction Between Diplomatic and Judicial Means in Theoretical Perspective
Georges Abi-Saab
Concluding Observations
Laurence Boisson de Chazournes, Marcelo G. Kohen and Jorge E. Viñuales
Acknowledgements
Introduction
Laurence Boisson de Chazournes, Marcelo G. Kohen and Jorge E. Viñuales
Chapter 1: Opening Remarks
H.E. Bernardo Sepúlveda-Amor
Section I: Interaction at the Initiation of a Dispute Settlement Procedure
Chapter 2: Interaction Between Diplomatic and Judicial Means at the Initiation of Proceedings
Marcelo G. Kohen
Chapter 3: Diplomatic Means as a Trigger of Judicial Means: The Security Council and the ICC
Vera Gowlland-Debbas
Chapter 4: The Impact of Arrest Warrants Issued by International Criminal Courts on Peace Negotiations
Paola Gaeta and Lyne Calder
Section II: Interaction During the Proceedings Before an International Court or Tribunal
Chapter 5: Recourse to the International Court of Justice for the Purpose of Settling a Dispute
Pierre-Marie Dupuy
Chapter 6: Diplomatic and Judicial Means of Dispute Resolution and How They Got Along in the Pulp Mills Case
Pablo Sandonato de León
Chapter 7: The Relationship Between Negotiations and Third-party Dispute Settlement at the WTO, with an Emphasis on the EC-Bananas Dispute
Hélène Ruiz-Fabri
Chapter 8: Investment Disputes - Moving Beyond Arbitration
Michael E. Schneider
Section III: Interaction at the Implementation Stage
Chapter 9: Between Saying and Doing: The Diplomatic Means to Implement the International Court of Justice’s iuris dictum
Laurence Boisson de Chazournes and Antonella Angelini
Chapter 10: Implementation of Recommendations and Rulings in the WTO System
Gabrielle Marceau and Jennifer A. Hamaoui
Chapter 11: Monitoring Compliance with the Decisions of Human Rights Courts: Inter-American Particularism
Magnus-Jesko Langer and Elise Hansbury
Chapter 12: The Use of Alternative (Non-judicial) Means to Enforce Investment Awards Against States
Jorge E. Viñuales and Dolores Bentolila
Section IV: Perspectives on the Interaction Between Diplomatic and Judicial Means
Chapter 13: Two Cases in Perspective: Boundary Delimitation in the Bakassi Peninsula and Criminal Accountability in Kenya
Interview of H.E. Kofi Annan Conducted by Nicolas Michel
Chapter 14: Observations on the Relationship Between Diplomatic and Judicial Means of Dispute Settlement
Lucy Reed
Chapter 15: Non-disputing State Submissions in Investment Arbitration: Resurgence of Diplomatic Protection?
Gabrielle Kaufmann-Kohler
Chapter 16: The Interaction Between Diplomatic and Judicial Means in Theoretical Perspective
Georges Abi-Saab
Concluding Observations
Laurence Boisson de Chazournes, Marcelo G. Kohen and Jorge E. Viñuales
Academics, government officials, private practioners, international civil servants, and all interested in the settlement of international disputes.