Negotiations in the Case Law of the International Court of Justice: A Functional Analysis

Negotiations in the Case Law of the International Court of Justice: A Functional Analysis

by Karel Wellens

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Product Details

ISBN-13: 9781138700758
Publisher: Taylor & Francis
Publication date: 01/11/2017
Pages: 358
Product dimensions: 6.80(w) x 9.60(h) x (d)

About the Author

Karel Wellens is Emeritus Professor of International Law, Faculty of Law, Radboud University Nijmegen, The Netherlands.

Table of Contents

Contents: Introduction; The dynamics of negotiations as a process from an international relations perspective: a brief visit. Part I Negotiations in the Pre-Adjudicative Phase: The multifunctionality of negotiations as means for the peaceful settlement of disputes and their status under international law; A first visit to the functional interaction between negotiations and adjudication by the Court as mechanisms for the peaceful settlement of disputes; Negotiations as a precondition for the submission of a dispute to the Court. Part II Negotiations and the Adjudicative Phase: Entering the Peace Palace: seisin of the Court and meetings with the President; 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?; Negotiations during the course of the proceedings; Negotiations and their role in the judicial settlement by the Court. Part III Negotiations During the Post-Adjudicative Phase: Functional interaction in the post-adjudicative phase; Failed post-adjudicative negotiations and returning to the Court; Conclusions: revisiting the functional interaction between negotiations and judicial settlement by the International Court of Justice. Index.

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