Peaceful Resolution of Disputes


The contributions in this collection of the American Classics in International Law series, Peaceful Resolution of Disputes, edited by Lori Fisler Damrosch, present the most influential American ideas about dispute settlement. From Alexander Hamilton’s 1794 defense of arbitration, through 20th-century debates over the International Court of Justice and other international courts and tribunals, to contemporary controversies over law-of-the-sea dispute settlement, American leaders and scholars have promoted perspectives on dispute resolution shaped by the American experience. An introductory essay explores American ideas about dispute resolution in relation to war, the judicial role in resolving concrete controversies under law, and problems of institutional design.

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Lori Fisler Damrosch, the Hamilton Fish Professor of International Law and Diplomacy at Columbia Law School in New York, is a former Editor in Chief of the American Journal of International Law and past President of the American Society of International Law.
Foreword to American Classics in International Law

Introductory Essay
Lori Fisler Damrosch

part 1: Overview

1 Messianism and Chauvinism in America’s Commitment to Peace Through Law
Thomas M. Franck and Jerome M. Lehrman

part 2: Late 18th to Early 20th Centuries

2 The Defence, Nos. XIII, XIV, XV, XXXVI, & XXXVII
Alexander Hamilton

3 Treaties and Executive Agreements
John Bassett Moore

4 The Second Peace Conference of The Hague
James Brown Scott

5 The Work of the Second Hague Peace Conference
James Brown Scott

6 The American Theory of International Arbitration
James Brown Scott

7 Recent Arbitration Treaties Concluded by the United States
James Brown Scott

part 3: Designing, Embodying, and (Sometimes) Supporting a Permanent World Court

8 The Constitution of an International Court of Justice: Remarks before the Advisory Committee of Jurists at The Hague, June 17–22, 1920
Elihu Root

9 The Organization of the Permanent Court of International Justice
John Bassett Moore

10 The Permanent Court of International Justice
Charles Evans Hughes

11 The Distinction Between Legal and Political Questions With Especial Reference to the Monroe Doctrine
Quincy Wright

12 The United States and the Permanent Court of International Justice
Quincy Wright

13 The American Reservations and the Permanent Court of International Justice
Manley O. Hudson

14 Acceptance by the United States of the Optional Clause of the International Court of Justice
Philip C. Jessup

15 The Enforcement of International Judicial and Arbitral Decisions
Oscar Schachter

16 The Enforcement of International Judgments
W.M. Reisman

17 Judicial Independence and Impartiality: A Preliminary Inquiry
Edith Brown Weiss

part 4: Peaceful Resolution? Whose Voices Are Heard?

18 The Gulf Crisis and African-American Interests Under International Law
Henry J. Richardson III

part 5: Arbitration in the Late 20th Century

19 The Role of Arbitration in Recent International Multilateral Treaties
Louis B. Sohn

part 6: Specialized Dispute Settlement Regimes: Law of the Sea

20 U.S. Policy Toward the Settlement of Law of the Sea Disputes
Louis B. Sohn

21 U.S. Policy on the Settlement of Disputes in the Law of the Sea
Statement by Expert Panel

22 Dispute Settlement With and Among Non-Parties to the Law of the Sea Convention: Navigation and Pollution
Bernard H. Oxman

23 The Rule of Law and the United Nations Convention on the Law of the Sea
Bernard H. Oxman

International law students, practitioners and scholars; law libraries
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