scholarly journals Complementary Agreements and Compulsory Jurisdiction

2001 ◽  
Vol 95 (2) ◽  
pp. 277-312 ◽  
Author(s):  
Bernard H. Oxman
Keyword(s):  
United Nations ◽  
Dispute Settlement ◽  
Compulsory Arbitration ◽  
The United Nations ◽  
Settlement Of Disputes ◽  
Bilateral Treaties

Since the founding of the United Nations, the number of treaties and the matters they address have expanded vastly. It is increasingly common to find the same subjects addressed in complementary global, regional, and bilateral treaties. Many of these treaties contain provisions on the settlement of disputes regarding the interpretation or application of that treaty itself. Only some of those provisions establish compulsoryjurisdiction. These circumstances suggest an increasing probability that a dispute will arise between states under the substantive provisions of two complementary treaties with dispute settlement clauses, only one of which provides for compulsory arbitration or adjudication either in general or with respect to that dispute.

Dispute Settlement Under the Vienna Convention on Succession of States in Respect of Treaties

1979 ◽  
Vol 73 (3) ◽  
pp. 407-425 ◽  
Author(s):  
Roberto Lavalle V.
Keyword(s):  
United Nations ◽  
Dispute Settlement ◽  
Vienna Convention ◽  
The Subject ◽  
The United Nations ◽  
Settlement Of Disputes

The Vienna Convention on Succession of States in Respect of Treaties (the Convention), adopted on August 23, 1978, by the United Nations Conference on Succession of States in Respect of Treaties, contains five articles, numbered 41 to 45, forming part VI of the Convention, entitled “Settlement of Disputes.” As this title implies, those articles set forth methods and procedures to be applied for settling disputes relating to the interpretation and application of the Convention. They are complemented by an annex to the Convention, which specifies the modalities of a conciliation procedure that is the subject of Article 42.

scholarly journals Remarks by Natalie Y. Morris-Sharma

2018 ◽  
Vol 112 ◽  
pp. 198-200
Author(s):  
Natalie Y. Morris-Sharma
Keyword(s):  
International Trade ◽  
United Nations ◽  
Dispute Settlement ◽  
Trade Law ◽  
International Trade Law ◽  
The United Nations

These remarks approach the panel topic of investor-state dispute settlement (ISDS) at the crossroads, by reflecting on the ongoing discussions on ISDS reform that are taking place at the United Nations Commission on International Trade Law (UNCITRAL). There are three sets of factors likely to inform how ISDS is being transformed.

United States Interests in the Law of the Sea Convention

1994 ◽  
Vol 88 (1) ◽  
pp. 167-178 ◽  
Author(s):  
Keyword(s):  
United States ◽  
United Nations ◽  
Dispute Settlement ◽  
Law Of The Sea ◽  
Basic Principles ◽  
Multilateral Negotiations ◽  
The Third ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law

In 1982 the Third United Nations Conference on the Law of the Sea adopted a treaty, the United Nations Convention on the Law of the Sea, that succeeded in resolving the most fundamental questions of the law of the sea in accordance with three basic principles: 1.The rules of the law of the sea must fairly balance the respective interests of all states, notably the competing coastal and maritime interests, in a manner that is generally acceptable.2.Multilateral negotiations on the basis of consensus replace unilateral claims of right as the principal means for determining that balance.3.Compulsory dispute settlement mechanisms should be adopted to interpret, apply, and enforce the balance.

International Organization: Julius Stone: Conflict Through Consensus: United Nations Approaches to Aggression. N. M. Tripathi Pvt. Ltd., 1977, x, 234 p. Rs. 95.

1980 ◽  
Vol 36 (3-4) ◽  
pp. 406-417
Keyword(s):  
Social Justice ◽  
United Nations ◽  
International Monetary Fund ◽  
Dispute Settlement ◽  
International Organization ◽  
International Labour Organisation ◽  
De Vries ◽  
The United Nations ◽  
The International Monetary Fund ◽  
Labour Organisation

INTERNATIONAL ORGANIZATION: JULIUS STONE: Conflict Through Consensus: United Nations Approaches to Aggression. INTERNATIONAL ORGANIZATION: K. VENKATA RAMAN Ed.: Dispute Settlement Through the United Nations. INTERNATIONAL ORGANIZATION: MARGARET GARRITSEN DE VRIES, Ed.: The International Monetary Fund 1966–1971: Vol I: Narrative, (xxii) 693p.; Vol II: Documents, viii, 339p. INTERNATIONAL ORGANIZATION: S.N. DHYANI: International Labour Organisation and India: In Pursuit of Social Justice. INTERNATIONAL ORGANIZATION: INDAR JIT RIKHYE: The Sinai Blunder: Withdrawal of United Nations Emergency Force Leading to the Six-day June War 1967.

scholarly journals The Paradoxical Success of UNCLOS Part XV: A Half-hearted Reply to Rosemary Rayfuse

2005 ◽  
Vol 36 (4) ◽  
pp. 713 ◽  
Author(s):  
Andrew Serdy
Keyword(s):  
United Nations ◽  
Dispute Resolution ◽  
Dispute Settlement ◽  
Law Of The Sea ◽  
The Future ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law

In his reply to Rosemary Rayfuse's article, "The Future of Compulsory Dispute Settlement under the Law of the Sea Convention", Andrew Serdy addresses some of the criticisms that have been levelled at the Part XV dispute resolution provisions of the United Nations Convention on the Law of the Sea (UNCLOS). He concludes that despite being little used, the Part XV provisions remain pivotal to UNCLOS and its related treaties, and if anything are becoming more so

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