scholarly journals International Law and dispute settlement mechanism

2016 ◽  
Vol 17 ◽  
Author(s):  
Carlos Ricardo Caichiolo
Keyword(s):  
International Law ◽  
21St Century ◽  
International Conflict ◽  
Dispute Settlement ◽  
Third Party ◽  
Dispute Settlement Mechanism ◽  
Peaceful Settlement ◽  
Feasible Solutions ◽  
Settlement Of Disputes ◽  
Settlement Mechanism

The DSM, or Dispute Settlement Mechanism, in the absence of a judicial body, is the closest representation of a supreme court or judicial institution in a regional bloc or other international organisation. The search for a peaceful settlement of disputes in the international arena had led to the development of the DSM during the 20th and into the 21st century. The DSM acts as an impartial third party, wherein it intervenes in any international conflict to offer feasible solutions for both sides.O MSC, ou Mecanismo de Solução de Controvérsias, na ausência de um órgão judicial, é a representação mais próxima de uma Corte Suprema ou de instituição judiciária em um bloco regionl ou em organização internacional diversa. A busca por um meio pacífico de solução de disputas no meio internacional levou à criação do MSC ao longo dos séculos XX e XXI. O MSC age como um terceiro imparcial, na medida em que ele intervém em conflitos internacionais com o intuito de ofertar soluções possíveis para as partes envolvidas.

Reconsideration of Proper Remedies in Investment Arbitration in Light of Recent Cases: Should the Remedy Follow the Primary Obligation?

2021 ◽  
Vol 22 (1) ◽  
pp. 129-159
Author(s):  
Berk Demirkol
Keyword(s):  
International Law ◽  
Dispute Settlement ◽  
Dispute Settlement Mechanism ◽  
Private Interests ◽  
Investment Treaty ◽  
Investment Arbitration ◽  
Settlement Of Disputes ◽  
Settlement Mechanism

Abstract Remedies available within a particular system are closely connected with the types and diversity of disputes brought to, and with the purpose and the structure of, the special dispute settlement mechanism. Investment arbitration is a mechanism for settlement of disputes between States and foreign investors who have made by definition mid- to long-term projects in the State concerned. Such claims are brought for the protection of private interests of investors, but they are mostly based on public international law obligations and subject to State responsibility principles. Institutional and procedural rules, as well as systemic features of investment arbitration play an important role in the determination of which remedies are available and provide suitable relief within this dispute settlement mechanism. The main argument of this article is that substantive characteristics of primary obligations should be taken into account, along with procedural considerations, in the determination of which remedies are available in investment treaty arbitration.

scholarly journals ANALISIS YURIDIS MEKANISME PENYELESAIAN SENGKETA PERDAGANGAN INTERNASIONAL (DALAM KERANGKA GATT-WTO)

2018 ◽  
Vol 4 (1) ◽  
pp. 129
Author(s):  
Ukas Ukas
Keyword(s):  
International Trade ◽  
International Law ◽  
Dispute Settlement ◽  
Dispute Settlement Mechanism ◽  
The World ◽  
Settlement Of Disputes ◽  
The Impact ◽  
Gatt 1947 ◽  
Settlement Mechanism ◽  
Existing Data

The dispute settlement mechanism of the World Trade Organization and the General Agreement on Tariffs and Trade, is a document containing juridical elements, stated about the rights and obligations of the participating countries of the agreement explicitly, of course, often lead to disputes. GATT as an institution has implemented procedures and procedures to deal with disputes arising between participating countries, in the context of international law in general. The process in which the party to the dispute is encouraged to counsel and endeavor to settle the dispute among themselves, and or through the WTO. The formulation of the problem in this research is how the dispute settlement mechanism in international trade and the impact of what is caused in the international trade sector. The method used in this research is empirical juridical analysis, from existing data, with qualitative analysis approach. The point is that the settlement of disputes refers to the provisions and Articles contained in GATT 1947 with the stages of consultation and or the establishment of a panel. The impact associated with international trade is to facilitate import-export and create harmony in international trade between countries.

Perfect War: Alberico Gentili on the Use of Force and the Early Modern Law of Nations

Grotiana ◽  
2020 ◽  
Vol 41 (2) ◽  
pp. 263-281
Author(s):  
Valentina Vadi
Keyword(s):  
Early Modern ◽  
International Law ◽  
Civil Wars ◽  
Dispute Settlement ◽  
Theory And Practice ◽  
Dark Side ◽  
Dispute Settlement Mechanism ◽  
Law Of Nations ◽  
Imperial Expansion ◽  
Settlement Mechanism

Abstract Gentili’s conceptualization of war as a conflict between states attempted to limit the legitimacy of war to external wars only, thus precluding the legitimacy of civil wars. It reflected both the emergence of sovereign states and the vision of international law as a law among polities rather than individuals. The conceptualization of war as a dispute settlement mechanism among polities rather than a punishment for breach of the law of nations and the idea of the bilateral justice of war humanized the conduct of warfare and the content of peace treaties. The idea of perfect war excluded brigandage, piracy, and civil wars from its purview. Some scholars have suggested that perfect war had a dark side, legitimizing imperial expansion. Others have cautioned that Gentili explicitly opposed imperial expansion rather adopting anti-imperialist stances. This article suggests that these ambivalent readings of the Gentilian oeuvre reflect the ambivalence of the early modern law of nations. Under the early modern law of nations, aggression for the sake of empire was clearly unjust; nonetheless, imperial expansion took place. Whereas ‘a law which many transgress[ed] [wa]s nonetheless a law’, there was a wide divide between theory and practice.1

Legal Protection for Small and Medium-Sized Enterprises through Investor-State Dispute Settlement

2017 ◽  
Author(s):  
Alexander Gebert
Keyword(s):  
International Law ◽  
Multinational Corporations ◽  
Dispute Settlement ◽  
Legal Protection ◽  
Substantial Part ◽  
Dispute Settlement Mechanism ◽  
Long Duration ◽  
Foreign Countries ◽  
Investment Treaties ◽  
Settlement Mechanism

The chapter illustrates the participation of small and medium-sized enterprises (SMEs) in the investor-state dispute settlement (ISDS) system, as well as obstacles from pursuing claims under investment treaties with corresponding solutions. SMEs are increasingly investing in foreign countries, and may be subject to state measures violating international law standards afforded under investment treaties. Investment treaties regularly also provide for ISDS as a means to enforce these standards by allowing foreign investors to commence arbitration proceedings against a state in a neutral forum. The chapter reveals that despite the perception as a dispute settlement mechanism accessible exclusively for large multinational corporations, in fact a substantial part of claimants in ISDS proceedings are SMEs. While it is true that high costs and the long duration of ISDS proceedings may be obstacles for SMEs, the flexibility of arbitration proceedings and the availability of external funding provide for opportunities to control time and costs.

An Appraisal of the Gulf Cooperation Council's Mechanisms for Co-operation and the Settlement of Disputes

2020 ◽  
Vol 10 (2) ◽  
pp. 321-345
Author(s):  
Abdulmalik M. ALTAMIMI
Keyword(s):  
International Law ◽  
Dispute Settlement ◽  
Legal Analysis ◽  
Commercial Arbitration ◽  
Public International Law ◽  
Interstate Disputes ◽  
Basic Law ◽  
Peaceful Settlement ◽  
Arab League ◽  
Settlement Of Disputes

AbstractThis paper aims to provide a comprehensive legal analysis, reminding the reader of the missing roles and potential of the the Gulf Cooperation Council [GCC]. Interstate disputes threaten the very existence of the GCC. Moreover, they call into question the GGC's mechanisms for co-operation and for ensuring the peaceful settlement of disputes. For instance, the GCC's Charter, commercial arbitration rules, and the Basic Law of the Economic Judiciary Commission all provide provisions for peacefully settling disputes between GCC Member States and their citizens. GCC states are also members of the League of Arab States [Arab League], another important regional organization with dispute settlement procedures. However, GCC and Arab League judicial and quasi-judicial mechanisms have not been invoked to date, arguably because the states prefer a diplomatic settlement. This paper reviews the GCC's mechanisms for co-operation and dispute settlement, referencing public international law to formulate recommendations to reform the GCC.

scholarly journals Good Offies, Conciliation, and Mediation in the WTO: Challenges and Perspectives

2018 ◽  
pp. 97-102
Keyword(s):  
Dispute Settlement ◽  
Developed Countries ◽  
Third Party ◽  
Least Developed Countries ◽  
Dispute Settlement Mechanism ◽  
Wto Dispute Settlement ◽  
History Of ◽  
Settlement Of Disputes ◽  
United Nations Charter ◽  
Article 5

Article 5 of the Understanding on Rules and Procedures Governing the Settlement of Disputes lists means of pacifi settlement of disputes that can be used alongside with settlement of a particular dispute or instead of it. Good offies, conciliation and mediation are an adherence of WTO dispute settlement mechanism to the principle of pacifi settlement of disputes in international law enshrined in United Nations Charter and reminder of diplomatic approach that was dominating in the previous GATT system. Nowadays, non-litigious ways of dispute settlement in WTO have a potential to be on rise, due to crisis situation caused by US in Appellate Body and Dispute Settlement Body in general. This article looks into the reasons why means enshrined in the Article 5 were not used by Member states frequently enough since their establishment of the WTO. It looks closely into defiitions and history of the Article 5. The authors come to a conclusion that mediation has a potential and perspectives to be used more frequently in the future of the WTO dispute settlement. Mediation is treated as a unique mechanism that can be used by developing and least-developed countries to receive third-party assistance and mitigate power imbalances. Factors for successful mediation are deducted from the case analysis and interviews with representatives of permanent missions.

scholarly journals UPAYA KEBERATAN TERHADAP PNS YANG DIJATUHI HUKUMAN PEMBERHENTIAN TIDAK DENGAN HORMAT

2011 ◽  
Vol 11 (2) ◽  
Author(s):  
Sri Hartini
Keyword(s):  
Dispute Settlement ◽  
Civil Servants ◽  
Legal Basis ◽  
Legal Problem ◽  
Dispute Settlement Mechanism ◽  
Judicial Process ◽  
State Administration ◽  
The Government ◽  
Settlement Of Disputes ◽  
Settlement Mechanism

Staffing dispute settlement mechanism against civil servants who sanctioned by harsh punishment such not respect form, is a serious legal problem. From the research found that staffing is the State Administration dispute settlement. What penyelesaianya has its own characteristics. Disputes in the area of staffing are not handled directly by a State Administrative Court (Administrative Court)), but must first be resolved through a process similar to a judicial process, conducted by a team or by an official in the government environment. The process in the science of law is called quasi-judicial (quasi rechtspraak), known as administrative appeals. Civil servants who will submit disputes to the Administrative Court, if the sanstion imposed on the basis of PP No. 53 years 2010 on the discipline of civil servants, the mechanism that must be passed is the efforts the administration that through to the Civil Service Advisory Board (BAPEK). Article 38 of Regulation 53 of 2010 administrative effort submitted to BAPEK, however these regulations do not provide clarity.  Based on this research, the settlement of disputes relating to the dismissal of cicil servant by not respect can resolved by employment regulations, the legal basis is the Administrative Court Act, Article 48 paragraph 2 and Article 51 paragraph 3. Key words: civil servants, dispute officer

scholarly journals DIPLOMASI SOFT POWER ASIMETRIS BERBASIS SUMBER DAYA KELAUTAN LINTAS BATAS DALAM PENYELESAIAN SENGKETA LAUT CINA SELATAN

2017 ◽  
Vol 24 (2) ◽  
pp. 157
Author(s):  
Tahegga Primananda Alfath ◽  
Riyo Lian Nugroho
Keyword(s):  
Soft Power ◽  
Dispute Settlement ◽  
Research Approach ◽  
Dispute Settlement Mechanism ◽  
Conceptual Approach ◽  
Historical Aspect ◽  
Peaceful Settlement ◽  
Imaginary Line ◽  
Dash Line ◽  
Settlement Mechanism

South China Sea (SCS) conflict starting from the issuance of new maps by People’s Republic of Tiongkok in 1947, mostly claim SCS territory to bring imaginary line called the nine dash line that is based on the historical aspect. Under the UNCLOS, a claim over a territory that is based on stale Historical not justified. The nine-dash line where tensions among countries in the Neighborhood SCS, including Indonesia. There are several peaceful dispute settlement mechanism of UNCLOS including conciliation, binding settlement, arbitration, special arbitration. SCS dispute settlement should use the methods of peaceful settlement that called diplomatic win-win solution. Asymmetric soft power diplomacy that takes into account the interests of both countries and organizations will be able to be an alternative dispute resolution SCS protracted, with a record of win-win solution can be felt directly to their dispute. The method used is using the method with the approach of the Statute Law Research Approach and Conceptual Approach, supported by Legal Materials Primary and Secondary Legal Materials.

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