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Author: Tamar Meshel

Abstract

Much controversy has surrounded the recent arbitration between Croatia and Slovenia. Nonetheless, the proceedings represent a welcome step in the right direction in terms of the perception and use of arbitration as a quasi-diplomatic interstate dispute resolution mechanism. Such an approach to arbitration is evident both in the parties’ arbitration agreement and in the arbitral tribunal’s final award in this case. The article first explains the proper use of interstate arbitration in its original form as a quasi-diplomatic process. This process produces a final and binding decision that respects international law yet does not necessarily rely solely on it. The article then examines how this original quasi-diplomatic nature of interstate arbitration is reflected in certain aspects of the Croatia v. Slovenia case.

In: The Law & Practice of International Courts and Tribunals
Author: Tamar Meshel

The increasing use by States of extraterritorial targeted killing as a counter-terrorism tool in recent years has given rise to controversial questions concerning its legality under international law. This article first explores the international legal regimes purporting to govern State-sponsored targeted killing and evaluates their ability to effectively regulate it. It then focuses on the use of targeted killing by States against members of non-State terror groups in an international armed conflict. In this regard, the article revisits the 2006 landmark decision of the Israeli Supreme Court in the Targeted Killing case and evaluates its influence and legacy over the past decade. It argues that this decision remains relevant and instructive since it exposes some of the lingering weaknesses of international law in governing the use of targeted killing as a counter-terrorism tool, while at the same time demonstrating how such weaknesses may be overcome within the existing international legal framework. The impact of the decision in this regard is clearly evident in the evolution of Israel’s targeted killing practice over the past decade.

In: Journal of International Humanitarian Legal Studies
In: A Bridge over Troubled Waters
In: A Bridge over Troubled Waters

Abstract

This book takes stock of the progress made thus far in the resolution of disputes concerning international watercourses and the oceans in addition to considering their future paths. Written by renowned academics and practitioners, the chapters of this edited collection enable the reader to reflect on the achievements and setbacks that characterize each field and their potential for cross-fertilization. An overview is presented of the various chapters contained within this book.

In: A Bridge over Troubled Waters
In: A Bridge over Troubled Waters
In: A Bridge over Troubled Waters
Dispute Resolution in the Law of International Watercourses and the Law of the Sea
A Bridge Over Troubled Waters: Dispute Resolution in the Law of International Watercourses and the Law of the Sea takes stock of the progress made thus far in the resolution of disputes concerning international watercourses and the oceans, in addition to considering their future paths. Written by renowned academics and practitioners, the chapters of this edited collection enable the reader to reflect on the achievements and setbacks that characterize each field and their potential for cross-fertilization. Four major themes are explored: the shifting boundaries of “traditional” methods of dispute settlement; the contributions made by relevant organizations to dispute settlement; the interplay between substantive and procedural rules; and case studies on dispute resolution in the Nile and the Arctic.