Economic conflicts and disputes before the World Court (1922-1995) : a functional analysis
著者
書誌事項
Economic conflicts and disputes before the World Court (1922-1995) : a functional analysis
（Studies and materials on the settlement of international disputes, v. 2）
Kluwer Law International, c1996
- : hardcover
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注記
Includes bibliographical references: p. [311]-318
内容説明・目次
内容説明
Everyone talks about the limitations of the judicial system in the context of international commercial disputes. But no one actually seems to address the possibilities for and appropriateness of judicial remedies in such disputes. This study examines how the International Court of Justice and its predecessor, the Permanent Court of International Justice, have dealt with economic disputes and arrives at highly interesting conclusions, challenging the widespread view that the Court is not an appropriate forum to handle economic disputes between states. While much depends on how one defines an `economic dispute', a comparison of the use of the court system versus the use of arbitration in such cases offers new insights. Among them: the observation that the once-clear distinctions between adjudication and arbitration are in fact diminishing, as evidenced, for example, in the use of the Chamber procedure of the International Court of Justice in a number of cases in recent years.
The author sets out observations, conclusions, evaluations, and recommendations in a complete, straightforward fashion. The material is divided into easy-to-follow parts, each with concluding remarks. Paragraphs are separately labeled with bold headings to facilitate quick access to the information needed.
This book enables scholars and practitioners to look at a critical issue in the field - the role or non-role of courts in certain international disputes - in an entirely new way, providing insightful material for thought, discussion, and practice.
目次
Preface. Introduction. Part One: Basic Elements of the Problems. I. Fundamental Elements of the Court's Function. II. Judicial Caution and Judicial Restraint: Some Remarks. III. Attitude of States: An Inventory of Optional Clauses and `clauses compromissoires' on Economic Matters. Part Two: The Court's Jurisprudence: The Results of An Inventory. IV. Economic Facts, Factors and Circumstances: Relevant but Outside the Scope of the Judicial Function. VI. Economic Rights and Obligations as the Subject-Matter of the Dispute. Part Three: Evaluation and Recommendations. VII. Evaluation of the Court's General Approach. VIII. Recommendations. Conclusion. Bibliography.
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