Diplomatic and Judicial Means of Dispute Settlement

Laurence Boisson de Chazournes is Professor of International Law and International Organization at the Faculty of Law of the University of Geneva. She has published widely in many fields of international law and acts as counsel and arbitrator before various international courts and tribunals. Marcelo Kohen is an associate member of the Institute of International Law and a professor of international law at the Graduate Institute of International and Development Studies in Geneva where has been a member of the faculty since 1995. He has also worked as a counsel and advocate for a number of States before the International Court of Justice and has been visiting professor at several European Universities. Jorge E. Viñuales, Ph.D. (Sciences Po Paris), LL.M. (Harvard) is the Pictet Chair in International Environmental Law and an Assistant Professor of Public International Law at The Graduate Institute, Geneva. He has substantial experience as a practitioner and has published widely, most recently Foreign Investment and the Environment in International Law (Cambridge University Press, 2012).

"In promoting the understanding that international disputes are best approached not simply through different methods but also through their interactions, this volume serves as a foundation for further development of work in this burgeoning field."-Anna Spain, University of Colorado Law School

• List of ContributorsAcknowledgementsIntroductionLaurence Boisson de Chazournes, Marcelo G. Kohen and Jorge E. Viñuales Chapter 1: Opening RemarksH.E. Bernardo Sepúlveda-Amor Section I: Interaction at the Initiation of a Dispute Settlement ProcedureChapter 2: Interaction Between Diplomatic and Judicial Means at the Initiation of ProceedingsMarcelo G. Kohen Chapter 3: Diplomatic Means as a Trigger of Judicial Means: The Security Council and the ICCVera Gowlland-Debbas Chapter 4: The Impact of Arrest Warrants Issued by International Criminal Courts on Peace NegotiationsPaola Gaeta and Lyne CalderSection II: Interaction During the Proceedings Before an International Court or TribunalChapter 5: Recourse to the International Court of Justice for the Purpose of Settling a DisputePierre-Marie Dupuy Chapter 6: Diplomatic and Judicial Means of Dispute Resolution and How They Got Along in the Pulp Mills CasePablo Sandonato de LeónChapter 7: The Relationship Between Negotiations and Third-party Dispute Settlement at the WTO, with an Emphasis on the EC-Bananas DisputeHélène Ruiz-Fabri Chapter 8: Investment Disputes - Moving Beyond ArbitrationMichael E. Schneider Section III: Interaction at the Implementation StageChapter 9: Between Saying and Doing: The Diplomatic Means to Implement the International Court of Justice’s iuris dictumLaurence Boisson de Chazournes and Antonella Angelini Chapter 10: Implementation of Recommendations and Rulings in the WTO SystemGabrielle Marceau and Jennifer A. HamaouiChapter 11: Monitoring Compliance with the Decisions of Human Rights Courts: Inter-American ParticularismMagnus-Jesko Langer and Elise Hansbury Chapter 12: The Use of Alternative (Non-judicial) Means to Enforce Investment Awards Against StatesJorge E. Viñuales and Dolores BentolilaSection IV: Perspectives on the Interaction Between Diplomatic and Judicial MeansChapter 13: Two Cases in Perspective: Boundary Delimitation in the Bakassi Peninsula and Criminal Accountability in KenyaInterview of H.E. Kofi Annan Conducted by Nicolas Michel Chapter 14: Observations on the Relationship Between Diplomatic and Judicial Means of Dispute SettlementLucy Reed Chapter 15: Non-disputing State Submissions in Investment Arbitration: Resurgence of Diplomatic Protection?Gabrielle Kaufmann-Kohler Chapter 16: The Interaction Between Diplomatic and Judicial Means in Theoretical PerspectiveGeorges Abi-SaabConcluding ObservationsLaurence Boisson de Chazournes, Marcelo G. Kohen and Jorge E. Viñuales