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Overview of Panel by Anna Spain

Published online by Cambridge University Press:  20 January 2017

Anna Spain
Anna Spain*
Affiliation:
University of Colorado Law School; ASIL Dispute Resolution Interest Group
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Abstract

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Type
Judges, Diplomats, and Peacebuilders Evaluating International Dispute Resolution as a System
Information
Proceedings of the ASIL Annual Meeting , Volume 108 , 2014 , pp. 271 - 272
Copyright
Copyright © American Society of International Law 2015

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References

* Mr. Hill, Professor Kidane, and Ms. Shoemaker did not contribute remarks to the Proceedings

1 UN Charter art. 33:

The parties to any dispute, the continuance of which is likely to endanger the maintenance of international peace and security, shall, first of all, seek a solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice. … The Security Council shall, when it deems necessary, call upon the parties to settle their dispute by such means.”

2 This was the title of the important book by Hans Kelsen, published in 1944, which set forth his vision for aUN system that aimed for “peace guaranteed by compulsory adjudication of international disputes” (Part I).

3 Boutros Boutros-Ghali, An Agenda for Peace: Preventive diplomacy, peacemaking and peace-keeping, Report of the Secretary-General Pursuant to the Statement Adopted by the Summit Meeting of the Security council on 31 January 1992, A/47/277 - S/24111 17, (June 17, 1992) available at http://www.unrol.org/files/A_47_277.pdf.

4 For scholarship considering interactions among various methods of dispute settlement, see Diplomatic Andjudicial Means of Dispute Settlement (Laurence Boisson de Chazournes, Marcelo G. Kohen & Jorge E. Viñuales eds., 2013); Franck, Susan D., Using Investor-State Mediation Rules to Promote Conflict Management: An Introductory Guide, 29 ICSID Rev. 1, 3 (2014)CrossRefGoogle Scholar (“The United Nations Conference on Trade and Development(UNCTAD) has published multiple proceedings suggesting the utility of mediation, and other recent publicationsindicate that UNCTAD believes that ADR constitutes a vital piece of the puzzle related to the future of international investment law.”); Spain, Anna, Integration Matters: Rethinking the Architecture of International Dispute Resolution, 32 U. Pa. J. Int’l L. 1, 2 (2010)Google Scholar (“[T]here is a need to restructure the international dispute resolution system tocreate a framework for understanding how to systematically integrate IDR methods across forums.”).