Tuesday, October 22, 2019

Treaties and International Law essays

Treaties and International Law essays As international instruments proliferate, the remedies available to states for breach of international obligations and the number of institutions offering for a granting of such remedies have expanded. Today, the International Court of Justice (ICJ) is no longer alone in providing a forum for the granting of remedies. Different trade, environmental, or law of the sea regimes, for example, has expanded the range of options Yet, with this expansion come new problems, tensions and questions. For example, will a given institutional option actually be effective' Is the proliferation of procedures and mechanisms necessarily a good thing' What happens if different institutions offer diverging jurisprudence' Which factors determine the choice of one forum over another' Evolving out of the papers and presentations given at the Fourth EC/International Law Forum hosted by the Law Department at Bristol University in May 1997, Remedies in International Law is a collection of essays by leading international jurists on the remedies available to states in international law and the issues "flowing from the multiplicity of procedures and mechanisms".[1] Discussions go beyond the examination of traditional institutions such as the ICJ to more recent institutional that under the Convention on the Law of the Sea and to alternative dispute The International Tribunal for the Law of the Sea (ITLOS) "represents the first world-wide court set up specifically to deal with a major part of international law since the establishment of the International Court of Justice fifty years ago".[2] David Anderson and Robin Churchill examine, in different pieces, new institutional arrangements under the 1982 UN Convention on the Law of the Sea. Both focus on the ITLOS. However, while Anderson examines the establishment, jurisdiction, rules of procedure and judicial policy of the Tribunal, Churchill ...

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