Negotiations in the Case Law of the International Court of Justice

A Functional Analysis

By: Karel Wellens

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Paperback | 11 January 2017

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360 Pages

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24.41 x 16.99 x 1.91

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This book examines the multifunctional role negotiations play in the jurisprudence of the International Court of Justice. Prior negotiations may be necessary to bring to the surface and clarify the legal aspects of a dispute before its submission to the ICJ. Negotiations may play a potential and parallel role during the course of the proceedings; results of negotiations may find their way into the judicial reasoning and may even form part of the basis of the judicial settlement. The Courtâs judgment may require further negotiations for its implementation. A failure of this process may bring the parties back before the Court. This volume presents a detailed and critical examination of the case law of the ICJ through the prism of the functional interaction between negotiation and judicial settlement of disputes. In cases where legal interests of third States are involved this functional interaction becomes even more complex. The focus is not on the merits of each individual case, but on the Courtâs contribution and clarification of this functional interplay. The systematic analysis of the Courtâs jurisprudence makes this book essential reading for those involved with and studying international law and justice.

Industry Reviews

'This book devotes an impressive amount of the decisions of the ICJ to the most diverse aspects of the inevitable functional interplay between negotiation and adjudication. Karel Wellens offers lucid and incisive surveys to chart the complicated legal terrain for a new world of peaceful settlement of dispute.' Hironobu Sakai, Kyoto University, Japan 'This is an original treatment of an important subject that has not previously had the attention it ought to have received. Professor Wellens treats it with his customary thoroughness and care and brings out clearly the continuing relevance of negotiation before and after the judicial phase of dispute settlement, and even during the judicial process itself.' Sir Franklin Berman QC, Essex Court Chambers, UK

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