Forum shopping in international disputes
Zug.: Bremen, Univ., Diss., 2012 u.d.T.: Mondré, Aletta: See you somewhere
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Format: | UnknownFormat |
Sprache: | eng |
Veröffentlicht: |
Houndmills, Basingstoke, Hampshire u.a.
Palgrave Macmillan
2015
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Schriftenreihe: | Transformations of the state series
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Online Zugang: | Inhaltsverzeichnis |
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Zusammenfassung: | Zug.: Bremen, Univ., Diss., 2012 u.d.T.: Mondré, Aletta: See you somewhere Forum Shopping in International DisputesA Framework for Forum Shopping -- Choosing Bilateral Negotiations : The Sino-Japanese Dispute in the East China Sea -- Choosing the UN Security Council : The Greco-Turkish Dispute in the Aegean Sea -- Choosing the International Court of Justice : The Nicaraguan-Honduran Dispute in the Caribbean Sea -- Conclusion : The Choice of the Best Forum. "In a dispute, governments weigh up their options when selecting between various dispute settlement mechanisms. By scrutinising the interaction of institutional design with state interests, Forum Shopping in International Disputes analyses why particular forums are selected in maritime boundary disputes. The act of forum shopping, it argues, is more than the identification of the forum most likely to award a favourable decision. Rather, other interests come into play, such as concerns about domestic standing and the wish to draw international attention to a case. In other words, the best forum in a given dispute is the one that conforms most closely to a government's overarching policy. This book is especially notable for its use of qualitative case studies, a much-needed contribution to the growing body of research on forum selection, and for its detailed actor-centred approach, which comparatively assesses the merits of available forums. Focusing on the UN system, it provides an account of why states sometimes call on the Security Council and at other times prefer the International Court of Justice. "-- "In a dispute, governments weigh up their options when selecting between various dispute settlement mechanisms. By scrutinising the interaction of institutional design with state interests, Forum Shopping in International Disputes analyses why particular forums are selected in maritime boundary disputes. The act of forum shopping, it argues, is more than the identification of the forum most likely to award a favourable decision. Rather, other interests come into play, such as concerns about domestic standing and the wish to draw international attention to a case. In other words, the best forum in a given dispute is the one that conforms most closely to a government's overarching policy. This book is especially notable for its use of qualitative case studies, a much-needed contribution to the growing body of research on forum selection, and for its detailed actor-centred approach, which comparatively assesses the merits of available forums. Focusing on the UN system, it provides an account of why states sometimes call on the Security Council and at other times prefer the International Court of Justice. "-- |
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Beschreibung: | Includes bibliographical references and index |
Beschreibung: | xi, 230 S Kt |
ISBN: | 9781137466648 978-1-137-46664-8 |