Full Description
Until recently, the fundamental link between two basic concepts in international law, namely the right to self-help and the obligation to settle disputes by peaceful means, has been neglected in doctrine and practice. The main issue is that international law traditionally recognizes the right of states to safeguard their own rights by resorting to countermeasures as well as the obligation to settle their disputes by accepted and recognized diplomatic and judicial procedures. Both concepts are based on their own merits, which are assumed to be valid in contemporary international law. It is the primary purpose of this study to determine which rules and principles govern the relationship between the two concepts. The book's major findings arise from an analysis of scholarly work, supported by examples from five different case studies. Drawing insights from legal as well as political science, it will be a valuable resource for students, academics and policy makers in international law, international relations and related areas.
Contents
Chapter 1 Introduction; Part 1 The Institution of Self-Help; Introduction; Chapter 2 The Objectives of Self-help; Chapter 3 Self-help Terminology; Chapter 4 The Normative Modalities; Part 2 Consensual Dispute Settlement; intro2 Introduction; Chapter 5 Self-constraint as Reflected in the Principle of Settling Disputes by "Peaceful Means" and Alternative Dispute Resolution; Chapter 6 Institutionalized Dispute Settlement; Chapter 7 Implementing "Consented" Outcomes; Part 3 Self-Contained Regimes; intro3 Introduction; Chapter 8 The Concept of Self-contained Regimes; Chapter 9 The European Community; Chapter 10 The World Trade Organization; Chapter 11 Final Conclusions;
