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Litigating International Law Disputes
Weighing the Options


John Merrills, Shirley V. Scott, Christopher Ward, Henry Burmester, Ximena Fuentes, Mark Feldman, Michael Wood, Rodman R. Bundy, Makane Moïse Mbengue, Lea Brilmayer, Adele Faure, Coalter Lathrop, Md. Saiful Karim, Tim Stephens, Christine Gray, John R. Crook, Ivan Shearer, M. Rafiqul Islam, Chester Brown, Natalie Klein, Cesare P. R. Romano
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  • Date Published: April 2014
  • availability: Available
  • format: Hardback
  • isbn: 9781107017061

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About the Authors
  • Litigating International Law Disputes provides a fresh understanding of why states resort to international adjudication or arbitration to resolve international law disputes. A group of leading scholars and practitioners discern the reasons for the use of international litigation and other modes of dispute settlement by examining various substantive areas of international law (such as human rights, trade, environment, maritime boundaries, territorial sovereignty and investment law) as well as considering case studies from particular countries and regions. The chapters also canvass the roles of international lawyers, NGOs, and private actors, as well as the political dynamics of disputes, and identify emergent trends in dispute settlement for different areas of international law.

    • Provides a new perspective on international dispute settlement by asking why international law disputes are litigated, as well as how
    • Brings together scholars and practitioners in order to explain international litigation from the perspective of those who are actually involved in cases
    • Highlights the regional and national dimensions of international litigation in order to explain the scope of international adjudication and arbitration
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    Reviews & endorsements

    'Litigating International Law Disputes is a highly structured compilation of works where each contribution takes its own place in, and brings its own added value, to the collective endeavor … Two of the greatest strengths of the book are the diversity of its contributors and the important number of practitioners who have participated … What distinguishes this compilation from others is its interdisciplinary nature.' Rachel Lucas, The Law and Practice of International Courts and Tribunals

    'Klein's edited collection constitutes … a valuable addition to the literature on the settlement of international disputes. Despite many issues being inherently political, the book successfully ties them to the law, without losing sight of the aim of clarifying why states litigate at the international level. The reviewer recommends Natalie Klein's book to all those who already have a grasp of international dispute settlement … the initiated reader will surely find many precious insights of both an academic and practical nature.' Massimo Fabio Lando, Canadian Yearbook of International Law

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    Product details

    • Date Published: April 2014
    • format: Hardback
    • isbn: 9781107017061
    • length: 534 pages
    • dimensions: 229 x 150 x 28 mm
    • weight: 0.88kg
    • availability: Available
  • Table of Contents

    Part I:
    1. The place of international litigation in international law John Merrills
    2. Litigation versus dispute resolution through political processes Shirley V. Scott
    3. National and international litigation: partners or competitors? Christopher Ward
    Part II:
    4. Australia's experience in international litigation Henry Burmester
    5. Latin American states and the International Court of Justice Ximena Fuentes
    6. The United States as an international litigant Mark Feldman
    7. European perspectives on inter-state litigation Michael Wood
    8. Asian perspectives on inter-state litigation Rodman R. Bundy
    9. African perspectives on inter-state litigation Makane Moïse Mbengue
    Part III:
    10. Initiating territorial adjudication: the who, how, when and why of litigating contested sovereignty Lea Brilmayer and Adele Faure
    11. Why litigate a maritime boundary? Some contributing factors Coalter Lathrop
    12. Litigating law of the sea disputes using the UNCLOS dispute settlement system Md. Saiful Karim
    13. International environmental disputes: to sue or not to sue? Tim Stephens
    14. Why states resort to litigation in cases concerning the use of force? Christine Gray
    15. Adjudicating armed conflict John R. Crook
    16. Human rights as a subject of international litigation Ivan Shearer
    17. The WTO dispute settlement system and underlying motivating factors for adjudication M. Rafiqul Islam
    18. Resolving international investment disputes Chester Brown
    19. Dispute settlement options for the protection of nationals abroad Natalie Klein
    Part IV:
    20. Litigating international law disputes: whereto? Cesare P. R. Romano.

  • Editor

    Natalie Klein, Macquarie University, Sydney
    Natalie Klein is Dean at Macquarie Law School, Macquarie University, Sydney, Australia, where she teaches and researches in various areas of international law, with a focus on law of the sea and international dispute settlement.


    John Merrills, Shirley V. Scott, Christopher Ward, Henry Burmester, Ximena Fuentes, Mark Feldman, Michael Wood, Rodman R. Bundy, Makane Moïse Mbengue, Lea Brilmayer, Adele Faure, Coalter Lathrop, Md. Saiful Karim, Tim Stephens, Christine Gray, John R. Crook, Ivan Shearer, M. Rafiqul Islam, Chester Brown, Natalie Klein, Cesare P. R. Romano

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