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

Loading next page...
 
/lp/brill/methods-of-dispute-resolution-in-inter-state-litigation-when-states-go-Se78JxpBgP
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

There are no references for this article.

You’re reading a free preview. Subscribe to read the entire article.


DeepDyve is your
personal research library

It’s your single place to instantly
discover and read the research
that matters to you.

Enjoy affordable access to
over 12 million articles from more than
10,000 peer-reviewed journals.

All for just $49/month

Explore the DeepDyve Library

Unlimited reading

Read as many articles as you need. Full articles with original layout, charts and figures. Read online, from anywhere.

Stay up to date

Keep up with your field with Personalized Recommendations and Follow Journals to get automatic updates.

Organize your research

It’s easy to organize your research with our built-in tools.

Your journals are on DeepDyve

Read from thousands of the leading scholarly journals from SpringerNature, Elsevier, Wiley-Blackwell, Oxford University Press and more.

All the latest content is available, no embargo periods.

See the journals in your area

Monthly Plan

  • Read unlimited articles
  • Personalized recommendations
  • No expiration
  • Print 20 pages per month
  • 20% off on PDF purchases
  • Organize your research
  • Get updates on your journals and topic searches

$49/month

Start Free Trial

14-day Free Trial

Best Deal — 39% off

Annual Plan

  • All the features of the Professional Plan, but for 39% off!
  • Billed annually
  • No expiration
  • For the normal price of 10 articles elsewhere, you get one full year of unlimited access to articles.

$588

$360/year

billed annually
Start Free Trial

14-day Free Trial