Methods of Dispute Resolution in Inter-state Litigation: When States Go to Arbitration Rather Than Adjudication

Methods of Dispute Resolution in Inter-state Litigation: When States Go to Arbitration Rather... The Law and Practice of International Courts and Tribunals 5 : 133–162, 2006 © 2006 Koninklijke Brill NV, Leiden, The Netherlands. METHODS OF DISPUTE RESOLUTION IN INTER-STATE LITIGATION: WHEN STATES GO TO ARBITRATION RATHER THAN ADJUDICATION L ORETTA M ALINTOPPI ∗ I. I NTRODUCTION Before resorting to arbitration or judicial settlement of disputes “the continuance of which is likely to endanger the maintenance of international peace and security”, Article 33(1) of the United Nations Charter presents States with a series of alternatives, such as negotiation, enquiry, mediation and conciliation. In addition, States can resort to “regional agencies or arrangements, or other peaceful means of their own choice.” However, despite the fact that today’s world is characterized by growing litigiousness and by the multiplication of permanent international courts and tribunals, the number of State-to-State disputes which are actually litigated remains relatively low. This is particularly true of territorial disputes, where, unlike international commercial litigation, the stakes are often not measurable in financial terms. The issues involved can be complex and the political implications paramount. Domestic opinion often attributes great importance to questions which appear insignificant to the world at large. Thus, issues of sovereignty over small parcels of territory http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The Law & Practice of International Courts and Tribunals Brill

Methods of Dispute Resolution in Inter-state Litigation: When States Go to Arbitration Rather Than Adjudication

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Publisher
BRILL
Copyright
© 2006 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1569-1853
eISSN
1571-8034
D.O.I.
10.1163/157180306777156835
Publisher site
See Article on Publisher Site

Abstract

The Law and Practice of International Courts and Tribunals 5 : 133–162, 2006 © 2006 Koninklijke Brill NV, Leiden, The Netherlands. METHODS OF DISPUTE RESOLUTION IN INTER-STATE LITIGATION: WHEN STATES GO TO ARBITRATION RATHER THAN ADJUDICATION L ORETTA M ALINTOPPI ∗ I. I NTRODUCTION Before resorting to arbitration or judicial settlement of disputes “the continuance of which is likely to endanger the maintenance of international peace and security”, Article 33(1) of the United Nations Charter presents States with a series of alternatives, such as negotiation, enquiry, mediation and conciliation. In addition, States can resort to “regional agencies or arrangements, or other peaceful means of their own choice.” However, despite the fact that today’s world is characterized by growing litigiousness and by the multiplication of permanent international courts and tribunals, the number of State-to-State disputes which are actually litigated remains relatively low. This is particularly true of territorial disputes, where, unlike international commercial litigation, the stakes are often not measurable in financial terms. The issues involved can be complex and the political implications paramount. Domestic opinion often attributes great importance to questions which appear insignificant to the world at large. Thus, issues of sovereignty over small parcels of territory

Journal

The Law & Practice of International Courts and TribunalsBrill

Published: Jan 1, 2006

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