International dispute resolution : cases and materials / Mary Ellen O'Connell.
2012
KZ6010 .O227 2012 (Map It)
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Details
Author
Title
International dispute resolution : cases and materials / Mary Ellen O'Connell.
Published
Durham, N.C. : Carolina Academic, [2012]
Copyright
©2012
Call Number
KZ6010 .O227 2012
Edition
Second edition.
ISBN
1594609047
9781594609046
9781594609046
Description
vxii, 646 pages ; 26 cm
System Control No.
(OCoLC)707825608
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Table of Contents
Table of Cases
xiii
Acknowledgments
xvii
ch. One
The Study of International Dispute Resolution
3
Introduction
3
What Is International Dispute Resolution?
4
Related Fields of Inquiry
5
The History of International Dispute Settlement
7
The World Court in Action / Howard N. Meyer
9
An Overview of International Dispute Settlement / Richard B. Bilder
14
Notes and Questions on the Study of International Dispute Resolution
21
I.
Non-Binding Methods
ch. Two
Negotiation and Consultation
27
Introduction
27
Consultation and Negotiation in the Pacific Settlement of International Disputes / Charles Manga Fombad
27
World Trade Organization, Understanding on Rules and Procedures Governing the Settlement of Dispute
34
United Nations Convention on the Law of the Sea
34
Applicability of the Obligation to Arbitrate Under Section 21 of the United Nations Headquarters Agreement of 26 June 1947
34
Introductory Note to the Fisheries Jurisdiction Case
44
Fisheries Jurisdiction Case (United Kingdom of Great Britain and Northern Ireland v. Iceland)
45
Gabcikovo-Nagymaros Project Case (Hungary v. Slovakia)
47
Notes and Questions on Negotiation and Consultation
48
The Grand Lake Problem
50
ch. Three
Good Offices and Mediation
53
Introduction
53
World Trade Organization, Understanding on Rules and Procedures Governing the Settlement of Disputes
54
The "Good Offices" Framework for Secretariat Action / Claire Palley
54
Report of the Secretary-General on His Mission of Good Offices in Cyprus
55
Report of the Secretary-General on His Mission of Good Offices in Cyprus
57
Good Offices and "Groups of Friends" / Teresa Whitfield
62
The Good Offices of the United Nations Secretary-General in the Field of Human Rights / B.G. Ramcharan
66
Integration Matters: Rethinking the Architecture of International Dispute Resolution / Anna Spain
69
International Mediation --- The View from the Vatican: Lessons from Mediating the Beagle Channel Dispute / Thomas Princen
70
United Nations General Assembly: 65th Session, Agenda Item 33
72
Notes and Questions on Good Offices and Mediation
73
The Refugee Camp Problem
76
ch. Four
Inquiry and Conciliation
79
Introduction
79
The Use of Inter-State Conciliation / Sven M.G. Koopmans
82
United Nations Model Rules for the Conciliation of Disputes between States
83
World Trade Organization, Understanding on Rules and Procedures Governing the Settlement of Disputes
84
United Nations Convention on the Law of the Sea
84
ICSID Convention, Convention on the Settlement of Investment Disputes between States and National of Other States
84
The Red Crusader
84
Conciliation Commission on the Continental Shelf Area between Iceland and Jan Mayen: Report and Recommendations to the Governments of Iceland and Norway
92
Diplomatic Dispute Settlement: The Use of Inter-State Conciliation / Sven M.G. Koopmans
95
Notes and Questions on Inquiry and Conciliation
97
About ICSID
100
The Warn Territory Dispute
100
II.
Binding Methods
A.
Arbitration
ch. Five
Arbitration
105
Introduction
105
International Law Commission
107
Model Rules on Arbitral Procedure
107
United Nations Convention on the Law of the Sea
109
Southern Bluefin Tuna Case (Australia and New Zealand v. Japan)
109
Case Concerning the Air Services Agreement of 27 March 1946 (United States v. France)
125
Notes and Questions on Arbitration
136
ch. Six
Interim Orders in Arbitration
139
Introduction
139
International Arbitration: The Need for Uniform Interim Measures of Relief / William Wang
139
RCA Globcom Communications, Inc., et al., Claimants v. The Islamic Republic of Iran, et al., Respondents
142
RCA Global Communications, Inc., et al., Claimants v. The Islamic Republic of Iran, Respondents
144
The Ireland v. United Kingdom (Mox Plant) Case: Applying the Doctrine of Treaty Parallelism / Barbara Kwiatkowska
145
The Mox Plant Case (Ireland v. United Kingdom)
148
Notes and Questions on Interim Orders in Arbitration
156
Action Brought on 30 October 2003 by the Commission of the European Communities against Ireland
157
ch. Seven
Issues Arising in the Course of Arbitration
159
Introduction
159
The Conduct of an International Arbitration / Andreas Lowenfeld
159
Case Concerning the Arbitral Award made by the King of Spain on 23 December 1906 (Honduras v. Nicaragua)
160
Note on the Case Concerning the Arbitral Award of 31 July 1989
170
Case Concerning the Arbitral Award of 31 July 1989 (Guinea-Bissau v. Senegal)
171
The Government of Sudan and The Sudan People's Liberation Movement/Army (Abyei Arbitration) Final Award, Permanent Court of Arbitration July 22 2009
183
Notes and Questions on Issues Arising during Arbitration
199
ch. Eight
Compliance and Enforcement
201
Introduction
201
Rainbow Warrior (New Zealand v. France)
201
The Islamic Republic of Iran v. The United States of America
215
Iran Aircraft Industries and Iran Helicopter Support and Renewal Company, Petitioners-Appellants v. Avco Corporation, Respondent-Appellee
221
The Islamic Republic of Iran, Claimant v. The United States of America, Respondent
226
Request for Revision
233
Notes and Questions to Compliance and Enforcement in Arbitration
240
The Weapons Manufacturer Problem
240
B.
Judicial Settlement
1.
International Courts
ch. Nine
International Courts
245
Introduction
245
Statute of the International Court of Justice
247
World Trade Organization, Understanding on Rules and Procedures Governing the Settlement of Dispute
247
United Nations Convention on the Law of the Sea
248
Rome Statute on the International Criminal Court
248
The Proliferation of Adjudicatory Bodies: Dangers and Possible Answers / Sir Robert Y. Jennings
248
Introduction, in the Role of International Courts / Ruth MacKenzie
253
Notes and Questions for the Introduction to International Courts
256
ch. Ten
Jurisdiction and Admissibility
259
Introduction
259
Case Concerning United States Diplomatic and Consular Staff in Tehran (United States of America v. Iran)
261
Case Concerning Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. United States of America)
272
Notes and Questions on Jurisdiction and Admissibility
291
ch. Eleven
Provisional Measures
293
Introduction
293
United States Diplomatic and Consular Staff in Tehran (United States of America v. Iran)
293
LaGrand (Germany v. United States of America)
300
Request for Interpretation of the Judgment of 31 March in Avena and Other Mexican Nationals (Mexico v. United States)
312
Request for Interpretation of the Judgment of 31 March in Avena and Other Mexican Nationals (Mexico v. United States)
318
The Failure to Observe Provisional Measures of Protection in the Case of Bosnia v. Yugoslavia / Mary Ellen O'Connell
320
Notes and Questions on Provisional Measures
322
ch. Twelve
Intervention and Indispensable Parties
325
Introduction
325
A.
Intervention
325
Intervention before the International Court of Justice / J.M. Ruda
325
Case Concerning Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. United States of America)
335
Territorial and Maritime Dispute Application of Costa Rica for Permission to Intervene (Nicaragua v. Colombia)
341
B.
Indispensable Parties
343
Case Concerning East Timor (Portugal v. Australia)
344
Notes and Questions on Intervention and Indispensable Parties
352
ch. Thirteen
Compliance and Enforcement
355
Introduction
355
ICJ Statute
355
United Nations Charter
356
Application for Revision of the Judgment of 11 September 1992 (El Salvador v. Honduras, Nicaragua Intervening)
356
Avena and other Mexican Nationals (Mexico v. United States of America)
367
Request for Interpretation of the Judgment of 31 March in Avena and Other Mexican Nationals (Mexico v. United States)
369
The Prospects for Enforcing Monetary Judgments of the International Court of Justice: A Study of Nicaragua's Judgment against the United States / Mary Ellen O'Connell
374
Notes and Questions on Compliance and Enforcement in Judicial Settlement
384
The Cilantro Island Problem
386
2.
National Courts
ch. Fourteen
National Courts
389
Introduction
389
A.
Jurisdiction
389
The Case of the S.S. "Lotus" (France v. Turkey)
390
B.
Immunity from Jurisdiction
399
1.
Sovereign Immunity
399
The Federal Republic of Germany et al. v. United States et al.
401
M. Flatow v. The Islamic Republic of Iran
403
Samantar v. Yousuf: Foreign Official Immunity under Common Law / David P. Stewart
407
2.
International Organization Immunity
409
Privileges and Immunities / Jan Klabbers
409
Note on the "Oil for Food" Dispute
411
In The United States District Court For The District Of Columbia
412
United States District Court For The District Of Columbia
417
Notes and Questions on National Courts
419
ch. Fifteen
Issues Arising in the Course of National Court Dispute Resolution
421
Introduction
421
A.
Proper Law
421
United States v. The Palestine Liberation Organization
422
Comegys & Pettit v. Vasse
429
Dames & Moore v. Regan
431
Committee of U.S. Citizens Living in Nicaragua v. Reagan
432
Medellin v. Texas
435
B.
Other Issues
439
1.
Political Question
439
Case Concerning Certain Property (Liechtenstein v. Germany)
440
2.
Act of State
450
Banco Nacional de Cuba v. Sabbatino
451
3.
Forum Non Conveniens
455
4.
Standing
457
Litigating Enforcement / Mary Ellen O'Connell
457
Note on International Organizations before National Courts
458
August Reinisch, Avoidance Techniques
458
Notes and Questions on Issues Arising in National Court Dispute Resolution
459
The Confiscated Painting Case
461
Annex
463
1.
United Nations Charter, 1945
463
2.
Statute of the International Court of Justice, June 26, 1945
483
3.
ILC Model Rules on Arbitral Procedure, 1956
495
4.
ICSID Convention on the Settlement of Investment Disputes Between States and National of Other States, 1966
502
5.
Vienna Convention on the Law of Treaties, 1969
504
6.
Declaration on Principles of International Law Friendly Relations and Co-Operation among States in Accordance with the Charter of the United Nations, UN GA Res. 2625 (XXV), 24 October 1970
527
7.
Rules of the International Court of Justice, 1978
534
8.
United Nations Convention on the Law of the Sea, Part XV, 1982
564
9.
IBA Model Rules on Ethics for International Arbitrators, 1987
583
10.
World Trade Organization, Understanding on Rules and Procedures Governing the Settlement of Disputes, 1994
587
11.
United Nations Model Rules for the Conciliation of Disputes between States, 1995
607
12.
Rome Statute of the International Criminal Court, 1998
612
13.
UN Articles on the Responsibility of States for Internationally Wrongful Acts, UN A/RES/56/83, 28 January 2002
626
Index
637