By Peaceful Means: International Adjudication and Arbitration - Essays in Honour of David D. Caron
By Peaceful Means: International Adjudication and Arbitration - Essays in Honour of David D. Caron
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Abstract
This book collects a series of essays on international dispute settlement from a wide variety of perspectives. Work by scholars and practitioners explore the history, theory, law, and practice of international courts and tribunals and other means of peaceful resolution of disputes. The essays are written in honour of the late David D Caron, the late Professor of International Law, who served as Judge of the Iran-United States Claims Tribunal, Commissioner at the UN Compensation Commission, and Judge ad hoc at the International Court of Justice. The essays weave together reflections on Caron’s work and practice with consideration of the past, present, and future of international dispute settlement.
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Front Matter
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1
A Multitude, in Celebration of David D Caron
Charles N Brower and others
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Part I Lessons from the History of Dispute Settlement
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2
The Bering Sea Fur Seal Arbitration—The Lawyers Try, But Fail, to Save the Seals
John R Crook
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3
Full Court Press: International Legal Institutions and US Newspapers at the Turn of the Twentieth Century
Kathleen Claussen
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4
The Eritrea Ethiopia Claims Commission: At the Intersection of International Dispute Resolution and Transitional Justice for Atrocity Crimes?
Hannah R Garry and others
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2
The Bering Sea Fur Seal Arbitration—The Lawyers Try, But Fail, to Save the Seals
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Part II Institutions and Institutional Actors
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5
International Courts in a Politicized World
Yuval Shany
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6
The David Caron “Rule of X”: A Call for Arbitrator Self-Discipline
Lucy Reed
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7
The “Fourth Arbitrator” Laid to Rest—The End of the Controversy over Tribunal Secretaries
Sir David AR Williams andAnna Kirk
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8
The Past and Future of ICSID Additional Facility Dispute Settlement
Meg Kinnear andRandi Ayman
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9
The Singapore Convention on Mediation: Per Aspera Ad Astra
Natalie Y Morris-Sharma
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10
The Growth of Regional Courts and the Judicial Settlement of Inter-State Disputes in Africa
Abdulqawi A Yusuf
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11
Creativity in Dispute Settlement Relating to the Law of the Sea
Sean D Murphy
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12
Independent Accountability Mechanisms in Dispute Settlement
Edith Brown Weiss
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13
International Courts through a Sociological Lens
Mikael Rask Madsen
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5
International Courts in a Politicized World
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Part III Procedures
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14
Normative Foundations of Arbitral Due Process
Andrea K Bjorklund andCatalina Turriago Bettancourt
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15
By Effective Means: Cross-Cutting Aspects of Fairness in International Dispute Resolution
Philippa Webb
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16
Early Dismissal of Claims as a Tool to Enhance the Efficiency and Legitimacy of ISDS
O Thomas Johnson andElizabeth Sheargold
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17
The Multiplicity of Parallel Procedures in International Law
W Michael Reisman andMahnoush H Arsanjani
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18
Preserving the Judicial Function: Provisional Measures in International Adjudication
Donald Francis Donovan
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14
Normative Foundations of Arbitral Due Process
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Part IV Substantive Law and Legal Principles
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19
A Concreteness Requirement in International Adjudication? Some Reflections on Ecuador v United States
Lee M Caplan
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20
The Treatment of Relevant Circumstances in Maritime Boundary Delimitation: Adjudication and Conciliation
Donald McRae
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21
The Public Interest as Part of Legitimate Expectations in Investment Arbitration: Missing in Action?
Federico Ortino
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22
Conservation and Management of the Living Resources of the Sea: The Role of Dispute Settlement Procedures
Bernard H Oxman
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23
Sea Level Rise and Maritime Boundaries: The Case for Stability, Legal Certainty, and Peaceful Relations
Nilufer Oral andBogdan Aurescu
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24
The Human Right to a Clean Environment and the Jurisprudence of International Courts and Tribunal
Malgosia Fitzmaurice
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25
From Delegation to Prescription: Interpretive Authority in International Investment Agreements
Jeremy K Sharpe
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26
Delegation Run Amok
George A Bermann
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19
A Concreteness Requirement in International Adjudication? Some Reflections on Ecuador v United States
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Part V Looking to the Future
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End Matter
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