John Collier - Böcker

For many years it was said that the weakness of international law was the lack of a system for the enforcement of legal obligations. Commentators pointed to the paucity of cases in the International Court and the unwillingness of States to undertake binding obligations to settle their disputes. This position has now changed beyond recognition. The number of international tribunals has increased and many of them, such as ICSID and the International Court of Justice, are busier than at any time in their history. Increasingly, the classical procedures of diplomatic protection are circumvented as corporations and individuals litigate in their own right against States in international tribunals. This book surveys the range of procedures for the settlement of international disputes, whether the disputes arise between States or between States and corporations or individuals. The first part of the book examines non-judicial procedures such as negotiation, mediation, fact-finding, as well as judicial procedures. Among the tribunals covered are ICSID, the UNCC and the Iran-US Claim Tribunal, the WTO disputes panels, ad-hoc inter-State and international commercial arbitral tribunals and the International Court of Justice. In the second part of the book the emerging principles of procedural law applied in these tribunals are discussed. Here the authors go through the entire settlement process from the agreement to submit to a settlement procedure and the constitution of the tribunal, through to the determination of the law applicable to the merits and to the procedure of the tribunal, to the review, and ultimately the recognition and enforcement of tribunal awards.

For many years it was said that the weakness of international law was the lack of a system for the enforcement of legal obligations. Commentators pointed to the paucity of cases in the International Court and the unwillingness of States to undertake binding obligations to settle their disputes. This position has now changed beyond recognition. The number of international tribunals has increased and many of them, such as ICSID and the International Court of Justice, are busier than at any time in their history. Increasingly, the classical procedures of diplomatic protection are circumvented as corporations and individuals litigate in their own right against States in international tribunals. This book surveys the range of procedures for the settlement of international disputes, whether the disputes arise between States or between States and corporations or individuals. The first part of the book examines non-judicial procedures such as negotiation, mediation, fact-finding, as well as judicial procedures. Among the tribunals covered are ICSID, the UNCC and the Iran-US Claim Tribunal, the WTO disputes panels, ad-hoc inter-State and international commercial arbitral tribunals and the International Court of Justice. In the second part of the book the emerging principles of procedural law applied in these tribunals are discussed. Here the authors go through the entire settlement process from the agreement to submit to a settlement procedure and the constitution of the tribunal, through to the determination of the law applicable to the merits and to the procedure of the tribunal, to the review, and ultimately the recognition and enforcement of tribunal awards.

Every Thing Must Go argues that the only kind of metaphysics that can contribute to objective knowledge is one based specifically on contemporary science as it really is, and not on philosophers' a priori intuitions, common sense, or simplifications of science. In addition to showing how recent metaphysics has drifted away from connection with all other serious scholarly inquiry as a result of not heeding this restriction, they demonstrate how to build a metaphysics compatible with current fundamental physics ('ontic structural realism'), which, when combined with their metaphysics of the special sciences ('rainforest realism'), can be used to unify physics with the other sciences without reducing these sciences to physics itself. Taking science metaphysically seriously, Ladyman and Ross argue, means that metaphysicians must abandon the picture of the world as composed of self-subsistent individual objects, and the paradigm of causation as the collision of such objects. Every Thing Must Go also assesses the role of information theory and complex systems theory in attempts to explain the relationship between the special sciences and physics, treading a middle road between the grand synthesis of thermodynamics and information, and eliminativism about information. The consequences of the author's metaphysical theory for central issues in the philosophy of science are explored, including the implications for the realism vs. empiricism debate, the role of causation in scientific explanations, the nature of causation and laws, the status of abstract and virtual objects, and the objective reality of natural kinds.

The fully revised and updated new edition of this authoritative work provides a clear and detailed analysis of the institutions and procedures for the settlement of international disputes. There has been a continued expansion of the number of international tribunals and the number of cases before international courts in recent years. The proliferation of such fora and of the jurisprudence they generate has made it essential to understand and regulate evolving and competing jurisdictions. This new edition authoritatively sets out the substance and procedure of the law of international dispute settlement in the context of these new developments.The first part of the book examines the different methods and institutions of dispute settlement. It introduces the most important dispute settlement methods and discusses the role of domestic courts in settling international disputes. It assesses the institutions of general jurisdiction, notably the International Court of Justice, and the various sectoral regimes of dispute settlement. Part two provides a comprehensive examination of procedure before an international court or tribunal. It sets out the shared elements of procedure, while also highlighting the important procedural differences between the various international courts and arbitral bodies. This section includes an discussion of the law of evidence and the conduct of counsel in international adjudication. The third part focuses on the problems facing the system of international dispute settlement as a result of the proliferation of dispute resolution mechanisms, and the augmenting specialization and fragmentation of international law. It analyses the various ways competing jurisdictions can be regulated to avoid creating conflicting decisions, and the resultant systemic incoherence. The book remains essential reading for both students of international law and international legal practitioners.

The fully revised and updated new edition of this authoritative work provides a clear and detailed analysis of the institutions and procedures for the settlement of international disputes. There has been a continued expansion of the number of international tribunals and the number of cases before international courts in recent years. The proliferation of such fora and of the jurisprudence they generate has made it essential to understand and regulate evolving and competing jurisdictions. This new edition authoritatively sets out the substance and procedure of the law of international dispute settlement in the context of these new developments.The first part of the book examines the different methods and institutions of dispute settlement. It introduces the most important dispute settlement methods and discusses the role of domestic courts in settling international disputes. It assesses the institutions of general jurisdiction, notably the International Court of Justice, and the various sectoral regimes of dispute settlement. Part two provides a comprehensive examination of procedure before an international court or tribunal. It sets out the shared elements of procedure, while also highlighting the important procedural differences between the various international courts and arbitral bodies. This section includes an discussion of the law of evidence and the conduct of counsel in international adjudication. The third part focuses on the problems facing the system of international dispute settlement as a result of the proliferation of dispute resolution mechanisms, and the augmenting specialization and fragmentation of international law. It analyses the various ways competing jurisdictions can be regulated to avoid creating conflicting decisions, and the resultant systemic incoherence. The book remains essential reading for both students of international law and international legal practitioners.

Against standard approaches to evolution and ethics, this book develops the idea that moral values may find their origin in regularly recurring features in the cooperative environments of species of organisms that are social and intelligent.Across a wide range of species that are social and intelligent, possibilities arise for helping others, responding empathetically to the needs of others, and playing fairly. The book identifies these underlying environmental regularities as biological natural kinds and as natural moral values. As natural kinds, moral values help to provide more complete explanations for the selection of traits that arise in response to them. For example, helping in an aquatic environment is quite different than helping in an arboreal environment, and so we can expect the selection of traits for helping to reflect these underlying environmental differences. With the human ability to name, talk, and reason about important features of our environment, moral values become part of moral discourse and argument, helping to produce coherent systems of moral thought.Combining a naturalistic approach to morality with an equal emphasis on moral argument and truth, this book will be of interest to philosophers and historians of biology, theoretical biologists, comparative psychologists, and moral philosophers.

Against standard approaches to evolution and ethics, this book develops the idea that moral values may find their origin in regularly recurring features in the cooperative environments of species of organisms that are social and intelligent.Across a wide range of species that are social and intelligent, possibilities arise for helping others, responding empathetically to the needs of others, and playing fairly. The book identifies these underlying environmental regularities as biological natural kinds and as natural moral values. As natural kinds, moral values help to provide more complete explanations for the selection of traits that arise in response to them. For example, helping in an aquatic environment is quite different than helping in an arboreal environment, and so we can expect the selection of traits for helping to reflect these underlying environmental differences. With the human ability to name, talk, and reason about important features of our environment, moral values become part of moral discourse and argument, helping to produce coherent systems of moral thought.Combining a naturalistic approach to morality with an equal emphasis on moral argument and truth, this book will be of interest to philosophers and historians of biology, theoretical biologists, comparative psychologists, and moral philosophers.