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Zusatztext 'This book devotes an impressive amount of the decisions of the ICJ to the most diverse aspects of the inevitable functional interplay between negotiation and adjudication. Karel Wellens offers lucid and incisive surveys to chart the complicated legal terrain for a new world of peaceful settlement of dispute.' Hironobu Sakai! Kyoto University! Japan 'This is an original treatment of an important subject that has not previously had the attention it ought to have received. Professor Wellens treats it with his customary thoroughness and care and brings out clearly the continuing relevance of negotiation before and after the judicial phase of dispute settlement! and even during the judicial process itself.' Sir Franklin Berman QC! Essex Court Chambers! UK Informationen zum Autor Karel Wellens is Emeritus Professor of International Law, Faculty of Law, Radboud University Nijmegen, The Netherlands. Klappentext This book presents a detailed and critical examination of the case law of the International Court of Justice presented through the prism of a functional analysis between negotiation and judicial settlement of disputes. In cases where legal interests of third States are involved this functional interaction becomes even more complex. The focus is not on the merits of each individual case, but on the Court's contribution and clarification of this functional interplay and the book is essential reading for those involved with and studying international law and justice. Zusammenfassung This book presents a detailed and critical analysis of the case law of the International Court of Justice through the prism of a functional analysis between negotiations and the judicial settlement of disputes. The focus is thus not on the merits of each individual case, but on its contribution to and clarification of this functional interplay. Inhaltsverzeichnis Introduction; Chapter 1 The Dynamics of Negotiations as a Process from an International Relations Perspective: A Brief Visit; Part I Negotiations in the Pre-Adjudicative Phase; Chapter 1a The Multifunctionality of Negotiations as Means for the Peaceful Settlement of Disputes and their Status under International Law; Chapter 2 A First Visit to the Functional Interaction between Negotiations and Adjudication by the Court as Mechanisms for the Peaceful Settlement of Disputes; Chapter 3 Negotiations as a Precondition for the Submission of a Dispute to the Court; Part II Negotiations and the Adjudicative Phase; Chapter 4 Entering the Peace Palace: Seisin of the Court and Meetings with the President; Chapter 5 The Existence and Nature of a Dispute and Failed Negotiations are the Keys to the Great Hall of Justice, But Who is the Key Holder?; Chapter 6 Negotiations during the Course of the Proceedings; Chapter 7 Negotiations and their Role in the Judicial Settlement by the Court; Part III Negotiations during the Post-Adjudicative Phase; Chapter 8 Functional Interaction in the Post-Adjudicative Phase; Chapter 9 Failed Post-Adjudicative Negotiations and Returning to the Court; Chapter 10 Conclusions;...
