This book presents a detailed and critical examination of the case law of the International Court of Justice presented through the prism of a functional analysis between negotiation and judicial settlement of disputes.
This book presents a detailed and critical examination of the case law of the International Court of Justice presented through the prism of a functional analysis between negotiation and judicial settlement of disputes.
Karel Wellens is Emeritus Professor of International Law, Faculty of Law, Radboud University Nijmegen, The Netherlands.
Inhaltsangabe
Introduction; Chapter 1 The Dynamics of Negotiations as a Process from an International Relations Perspective: A Brief Visit; Part I Negotiations in the Pre-Adjudicative Phase; Chapter 1a The Multifunctionality of Negotiations as Means for the Peaceful Settlement of Disputes and their Status under International Law; Chapter 2 A First Visit to the Functional Interaction between Negotiations and Adjudication by the Court as Mechanisms for the Peaceful Settlement of Disputes; Chapter 3 Negotiations as a Precondition for the Submission of a Dispute to the Court; Part II Negotiations and the Adjudicative Phase; Chapter 4 Entering the Peace Palace: Seisin of the Court and Meetings with the President; Chapter 5 The Existence and Nature of a Dispute and Failed Negotiations are the Keys to the Great Hall of Justice, But Who is the Key Holder?; Chapter 6 Negotiations during the Course of the Proceedings; Chapter 7 Negotiations and their Role in the Judicial Settlement by the Court; Part III Negotiations during the Post-Adjudicative Phase; Chapter 8 Functional Interaction in the Post-Adjudicative Phase; Chapter 9 Failed Post-Adjudicative Negotiations and Returning to the Court; Chapter 10 Conclusions;
Introduction; Chapter 1 The Dynamics of Negotiations as a Process from an International Relations Perspective: A Brief Visit; Part I Negotiations in the Pre-Adjudicative Phase; Chapter 1a The Multifunctionality of Negotiations as Means for the Peaceful Settlement of Disputes and their Status under International Law; Chapter 2 A First Visit to the Functional Interaction between Negotiations and Adjudication by the Court as Mechanisms for the Peaceful Settlement of Disputes; Chapter 3 Negotiations as a Precondition for the Submission of a Dispute to the Court; Part II Negotiations and the Adjudicative Phase; Chapter 4 Entering the Peace Palace: Seisin of the Court and Meetings with the President; Chapter 5 The Existence and Nature of a Dispute and Failed Negotiations are the Keys to the Great Hall of Justice, But Who is the Key Holder?; Chapter 6 Negotiations during the Course of the Proceedings; Chapter 7 Negotiations and their Role in the Judicial Settlement by the Court; Part III Negotiations during the Post-Adjudicative Phase; Chapter 8 Functional Interaction in the Post-Adjudicative Phase; Chapter 9 Failed Post-Adjudicative Negotiations and Returning to the Court; Chapter 10 Conclusions;
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