Karel Wellens

Negotiations in the Case Law of the International Court of Justice

A Functional Analysis

• Gebundenes Buch

Produktbeschreibung

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. In cases where legal interests of third States are involved this functional interaction becomes even more complex. The focus is not on the merits of each individual case, but on the Court's contribution and clarification of this functional interplay and the book is essential reading for those involved with and studying international law and justice.

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Produktdetails

• Verlag: Taylor & Francis Ltd (Sales)
• Seitenzahl: 358
• Erscheinungstermin: 28. November 2014
• Englisch
• Abmessung: 246mm x 173mm x 25mm
• Gewicht: 703g
• ISBN-13: 9781409410454
• ISBN-10: 1409410455
• Artikelnr.: 42054617

Autorenporträt

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;