This book examines the multifunctional role negotiations play in
the jurisprudence of the International Court of Justice. Prior
negotiations may be necessary to bring to the surface and clarify
the legal aspects of a dispute before its submission to the ICJ.
Negotiations may play a potential and parallel role during the
course of the proceedings; results of negotiations may find their
way into the judicial reasoning and may even form part of the basis
of the judicial settlement. The Court's judgment may require
further negotiations for its implementation. A failure of this
process may bring the parties back before the Court. This volume
presents a detailed and critical examination of the case law of the
ICJ through the prism of the functional interaction 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. The systematic analysis
of the Court's jurisprudence makes this book essential reading for
those involved with and studying international law and justice.
General
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