The Changing Character of International Dispute Settlement [electronic resource] : Challenges and Prospects.

Cover
Half-title
Title page
Imprints page
Contents
List of Contributors
Foreword
Acknowledgements
Table of Cases
Table of International Instruments
Table of Legislation
List of Abbreviations
Introduction
Part I Recent Trends and Cross-Cutting Issues in International Dispute Settlement
1 The Obligation of Peaceful Settlement of International Disputes: Status, Nature, Content, and Scope
1.1 Introduction
1.2 The Obligation of Peaceful Dispute Settlement: History and Status

1.3 Conditions for the Engagement of the Obligation of Peaceful Dispute Settlement
1.4 Content and Effects of the Obligation of International Dispute Settlement
1.5 Conclusion
2 Parallel Proceedings Concerning Investment and Human Rights Claims
2.1 Introduction
2.2 Parallel Proceedings in International Law
2.3 Res Judicata
2.4 Lis Pendens
2.5 Dealing with Parallel Proceedings
2.6 Double Recovery
2.7 Parallel Proceedings before ECtHR and Investment Arbitral Tribunals
2.8 Decisions in the Yukos Case
2.9 Analysis of the Yukos Case
2.10 Conclusion

3 The Mosaic of International Dispute Settlement: The Role of Domestic Courts in International Dispute Settlement
3.1 Introduction
3.2 Ascertainment and Development of International Law
3.3 International Dispute Involving a State Party's Own Judicial Decision(s) or Legal Framework
3.4 Factors Which Affect the Nature and Degree of Engagement with Domestic Decisions
3.5 Conclusion
4 Binding Advisory Opinions
4.1 Reassessing the Role of Advisory Opinions in Inter-State Dispute Settlement
4.2 The Chagos Advisory Opinion and the Special Chamber's Judgment

4.3 Significance of the Mauritius/Maldives Judgment
4.4 New Directions in Inter-State Dispute Settlement
Part II Effectiveness, Authority, and Legitimacy of the Current System of International Dispute Settlement and Possible Reforms
5 Navigating Choppy Waters: UNCLOS Dispute Settlement Coming of Age?
5.1 Introduction: On 'Constitutions', 'Cement', and Other Metaphors
5.2 A Brief Appraisal of UNCLOS Dispute Settlement
5.3 Part XV in Practice: From Quiet Infancy to Difficult Teenage Years
5.4 Overcoming Procedural Hurdles and Diving into Choppy Waters

5.5 Finding Its Feet or Overstepping the Mark? Determining the Subject Matter of UNCLOS Disputes
5.6 Conclusion
6 Legitimacy in Settlement of Disputes in International Environmental Law: From Classical to Non-compliance Procedures
6.1 Introduction
6.2 Peaceful Settlement of Environmental Disputes and Their Legitimacy
6.3 Conferences (Meetings) of the Parties and Their Legitimacy
6.4 Legitimacy of COPs' Decisions
6.5 Conclusion
7 The Role and Legitimacy of International Human Rights Mechanisms of Dispute Settlement
7.1 Introduction