Dispute Settlement in Public International Law

Name: Dispute Settlement in Public International Law | Texts and Materials
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ISBN: 978-3-540-13190-8

Texts and Materials

Springer (Verlag)

Erschienen am 1. November 1984

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913 Seiten

978-3-540-13190-8 (ISBN)

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Beschreibung

The purpose of the present collection is to make significant and in part generally inac cessible documents from an important area of international law available to researchers, scholars and practitioners in a reliable and appropriate form. In addition, the abundance of materials in the field of international dispute settlement makes all the more justifi able an undertaking which provides the official documentation and a concise bibliogra phy for a representative selection of organizations in this area. Unlike an earlier collec tion published by the Max Planck Institute in 1961, which contained only treaties entered into by the Federal Republic of Germany, the attempt has been made in this volume to present texts and materials on international dispute settlement on a world wide scale. Increasing communication and cooperation has led to greater interdependence of States as is also reflected in the multiplication of international organizations and mechanisms of integration. This trend has also resulted in an increasing institution alization of dispute settlement. The present work is designed to give an overview of the judicial and arbitral institutions which are available for the settlement of inter national disputes, i. e. mainly but not exclusively disputes between States. The major criterion for the selection of the relevant institutions was that they should as a rule be based upon arrangements already in existence or provided for by a treaty.

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From the reviews of the second edition:

"The Max Planck Institute for Comparative Public Law and International Law ... made available a tool assisting those who are working in this field to keep that overview and at the same time to provide the relevant texts. . The current second edition of the Text and Materials . has been completely revised and considerably enlarged . . the second edition . is a must for any academic or practitioner, given the pace of the development in this field." (Norbert Wühler, Zeitschrift für ausländisches öffentliches Recht und Völkerrecht, Vol. 62 (1-2), 2002)

"The book appears in its second edition. The increasing awareness for the pacific settlement of disputes, and the before-mentioned impressing multiplication of instruments and institutions for dispute settlement, made it necessary to bring out a second revised and considerably enlarged second edition . . The book is a uniform resource for whoever is engaged in the settlement of public international disputes: negotiators, diplomats, academics, teachers and students." (Björn Gehle, Vindobona Journal, Vol. 6 (1), 2002)

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First Part: General Agreements.- I. Universal Agreements.- 1. Hague Convention on the Pacific Settlement of International Disputes.- (a) Convention of October 18, 1907.- (b) Note of the Secretary-General Concerning the Functioning of the Permanent Arbitration Court of March 3, I960.- 2. International Court of Justice.- (a) Charter of the United Nations of June 26, 1945 (Chapter XIV).- (b) Statute of the International Court of Justice of June 26, 1945.- (c) Rules of the International Court of Justice of April 14, 1978.- (d) Resolution Concerning the Internal Judicial Practice of the Court of April 12, 1976.- (e) Access to the Court of States Not Parties to the Statute, Security Council Resolution 9 (1946) of October 15, 1946.- 3. Geneva General Act for the Pacific Settlement of International Disputes of September 26, 1928 and April 28, 1949.- 4. ILC Model Rules on Arbitral Procedure of June 27, 1958.- 5. Swiss Model of a Treaty for Conciliation, Judicial Settlement and Arbitration of I960.- 6. Vienna Convention on the Law of Treaties.- (a) Convention of May 23, 1969 (Art. 66).- (b) Conciliation Commission (Annex to the Convention).- II. Regional Agreements.- 1. Europe.- (a) European Convention for the Peaceful Settlement of Disputes of April 29, 1957.- (b) Swiss Draft of a Treaty Concerning a European System for the Peaceful Settlement of Disputes.- (aa) Draft of September 18, 1973.- (bb) Draft of October 31, 1978.- 2. America and the Caribbean.- (a) Central American Court of Justice.- (aa) General Treaty of Peace and Amity of December 20, 1907 (Art. I).- (bb) Convention for the Establishment of a Central American Court of Justice of December 20, 1907.- (cc) Additional Protocol to the Convention for the Establishment of a Central American Court of Justice of December 20, 1907.- (dd) Rules of Procedure of December 2, 1911.- (b) Organization of American States.- (aa) Charter of the Organization of American States (Bogota Charter) of April 30, 1948 (Chapter IV and Arts. 82 to 90 of the Amendment of the Charter of February 27, 1967).- (bb) American Treaty on Pacific Settlement (Pact of Bogotá) of April 13, 1948.- (c) Organization of Central American States (ODECA). Charter of the ODECA of December 12, 1962 (Arts. 14 to 16).- (d) Organization of Eastern Caribbean States.- (aa) Treaty of June 18,1981 (Art. 14).- (bb) Conciliation Commission (Annex A).- 3. Africa and Arab Region.- (a) Organization of African Unity (OAU).- (aa) Charter of the OAU of May 25, 1963 (Art. XIX).- (bb) Protocol of the Commission of Mediation, Conciliation and Arbitration of July 21, 1964.- (cc) Document Concerning the Settlement of Inter-African Disputes of July 1977.- (b) League of the Arab States. Pact of March 22, 1946 (Arts. 5 and 19).- III. Bilateral Treaties.- 1. Jay Treaty of November 19, 1794 (Treaty of Amity, Commerce and Navigation) (Arts. V to VII).- 2. Bryan Arbitration Treaties of 1913/14.- (a) United States of America-France, Treaty of September 15, 1914.- (b) United States of America-Great Britain, Treaty of September 15, 1914.- 3. German-Swiss Treaty on Arbitration and Conciliation.- (a) Treaty on Arbitration and Conciliation of December 3, 1921.- (b) Protocol of Amendment of August 29, 1928.- Second Part: Human Rights.- I. Human Rights Protection in the Framework of the United Nations.- 1. UN Commission on Human Rights.- (a) Resolution E/20 of February 15, 1946.- (b) Resolution E/56/Rev. 1 and E/84 of June 21, 1946.- (c) Resolution 728 F of July 30, 1959.- (d) Resolution 1235 (XLII) of July 6, 1967.- (e) Resolution 1503 (XLVIII) of May 27, 1970.- (f) Resolution 1 (XXIV) of August 13, 1971.- (g) Resolution 2 (XXIV) of August 16, 1971.- 2. International Covenant on Civil and Political Rights.- (a) Covenant of December 19, 1966 (Part IV).- (b) Optional Protocol of December 19, 1966.- (c) Rules of Procedure of the Committee of February 2, 1978.- 3. International Convention on the Elimination of All Forms of Racial Discrimination.- (a) Convention of March 7,.1966 (Part II).- (b) Provisional Rules of Procedure of the Committee of March 23, 1978.- II. Europe.- European Convention for the Protection of Human Rights and Fundamental Freedoms.- (a) Convention of November 4, 1950 (Sections II, III, IV).- (b) Revised Rules of Procedure of the European Court of Human Rights of November 24, 1982.- (c) Protocol No. 2 to the Convention of May 6, 1963.- (d) Rules of Procedure of the European Commission on Human Rights of December 15, 1977 (including amendments up to 1980).- (e) Rules Adopted by the Committee of Ministers for the Application of Articles 32 and 54 of the Convention of June 1969 and February 1976.- III. America.- American Convention on Human Rights.- (a) Convention of November 22, 1969 (Chapters VI, VII, Vili, IX and XI).- (b) Statute of the Inter-American Commission on Human Rights of October 1979.- (c) Regulations of the Inter-American Commission on Human Rights of April 8, 1980.- (d) Statute of the Inter-American Court of Human Rights of October 31, 1979.- (e) Rules of Procedure of the Court of 1980.- IV. Africa and Arab Region.- 1. Permanent Arab Commission on Human Rights.- (a) Summary of the Draft Declaration for an Arab Charter of Human Rights of 1969.- (b) Rules of Procedure of the Permanent Arab Commission on Human Rights (Draft).- 2. African Commission on Human Rights.- African Charter on Human and Peoples' Rights of January 27, 1981.- Third Part: Treaties Concerning Economic Cooperation.- I. Universal Treaties.- General Agreement on Tariffs and Trade (GATT).- (a) Basic Text of October 30, 1947 (Arts. XXII and XXIII).- (b) Understanding Regarding Notification, Consultation, Dispute Settlement and Surveillance of November 28, 1979.- (c) Additional Rules to the "Understanding" of November 29, 1982.- (d) Decision of April 5, 1966 Concerning Dispute Settlement between Developed and Less-Developed Contracting Parties.- II. Regional Treaties.- 1. Europe.- (a) Court of Justice of the European Communities.- (aa) Treaty Establishing the European Coal and Steel Community of April 18, 1951 (Title Two, Chapter IV, and Title Four, Arts. 88, 89, 95).- (bb) Treaty Establishing the European Economic Community of March 25, 1957 (Part V, Title I, Chapter 1, Section 4, and Chapter 2, Art. 192).- (cc) Convention on Certain Institutions Common to the European Communities of March 27, 1957 (Section II).- (dd) Protocol on the Statute of the Court of Justice of the European Economic Community of April 17, 1957.- (ee) Rules of Procedure of the Court of Justice of 1982.- (ff) Association Agreement between the European Community and Turkey of September 12, 1963 (Art. 25).- (gg) Convention for the European Patent for the Common Market of December 15, 1975 (Arts. 5, 63, 73).- (b) Second ACP-EEC Convention (Lomé II) of October 31, 1979 (Art. 176).- (c) Agreement of Yaounde between the Economic Community, the Associated States of Africa and Madagascar.- (aa) Agreement of July 29, 1969 (Art. 53).- (bb) Protocol No. 8 on the Statute of the Arbitration Court of the Association.- (d) Agreement Concerning the Association between the European Economic Community and Tanzania, Uganda and Kenya of September 29, 1970 (Art. 28).- (e) European University.- (aa) Agreement Concerning the Creation of a European University of April 19, 1972 (Art. 29).- (bb) Protocol Concerning the Privileges and Immunities of the European University (Art. 21).- (f) Benelux Economic Union.- (aa) Treaty Instituting the Benelux Economic Union of February 3, 1958 (Chapter 7).- (bb) Decision of the Committee of Ministers of the Benelux Economic Union Determining the Statute of the Arbitral College of November 3, I960.- (cc) Treaty Concerning the Creation and the Statute of a Benelux Court of Justice of March 31, 1965.- (dd) Additional Protocol to the Treaty Creating a Benelux Court of Justice of October 25,1966.- (ee) Internal Rules of the Benelux Court of Justice of October 25, 1974.- 2. America.- (a) Central American Common Market (CACM).- (aa) General Treaty on Central American Economic Integration of December 13, I960 (Art. XXVI).- (bb) Regulation on Procedure for Settlement of Disputes of April 7,1968.- (b) Latin American Free Trade Association (LAFTA)/Association of Latin American Integration (ALADI).- (aa) Agreement of Subregional Integration of the Andean Group of May 26, 1969 (Art. 23).- (bb) Establishment of a Provisional Mechanism for Settlement of Disputes between the Contracting Parties of the Treaty of Montevideo of I960.- (cc) Rules of Procedure of a Provisional Mechanism for Settlement of Disputes between Contracting Parties of July 11, 1967.- (dd) Protocol for the Settlement of Disputes of September 2, 1967.- (ee) Treaty Creating the Court of Justice of the Cartagena Agreement of May 28, 1979.- 3. Africa.- (a) East African Common Market Tribunal.- (aa) Treaty for East African Co-operation of June 6, 1967 (Chapter X).- (bb) Statute of the Common Market Tribunal (Annex VIII).- (cc) Rules of Procedure of November 22, 1973.- (b) West African Economic Community (CEAO).- (aa) Treaty of June 3, 1972 (Art. 38).- (bb) Protocol "J" with Respect to the Court of Arbitration of the West African Community (Annex to the Treaty).- (c) Tribunal of the Economic Community of West Africa (ECOWAS) 483 Treaty of the Economic Community of West African States of May 28, 1975 (Arts. 11 and 56).- Fourth Part: Subjects of a Technical Nature.- I. Traffic and Communication.- 1. International Civil Aviation Organization (ICAO).- (a) Convention of December 7, 1944 (Arts. 84, 85, 86).- (b) Rules for the Settlement of Differences of April 9, 1957.- 2. International Convention Concerning the Carriage of Goods by Rail (CIM).- (a) Convention of February 7, 1970 (Art. 61).- (b) Rules for Arbitration (Annex VII to the Convention).- 3. INTELSAT.- (a) Agreement Relating to the International Telecommunications Satellite Organization "INTELSAT" of August 20, 1971 (Art. XVIII).- (b) Operating Agreement of August 20, 1971 (Art. 20).- (c) Arbitration Procedures (Annex C to the Agreement).- II. Control of Armaments.- Western European Union Tribunal for the Protection of Private Interests against Measures for the Control of Armaments.- Convention of December 14, 1957 (Chapter II).- III. Nuclear Energy.- European Nuclear Energy Tribunal.- (a) Convention on the Establishment of a Security Control in the Field of Nuclear Energy of December 20, 1957 (Arts. 11-15).- (b) Protocol on the Tribunal Established by the Convention on the Establishment of a Security Control in the Field of Nuclear Energy (Annex to the Convention).- (c) Rules of Procedure of the Tribunal of December 11, 1962.- IV. Law of the Sea.- 1. United Nations Convention on the Law of the Sea.- (a) Convention of December 10, 1982 (Arts. 186 - 191, 264 - 265, 279-299).- (b) Conciliation (Annex V to the Convention).- (c) Statute of the International Tribunal for the Law of the Sea (Annex VI to the Convention).- (d) Arbitration (Annex VII to the Convention).- (e) Special Arbitration Procedure (Annex VIII to the Convention).- 2. European Fisheries Convention.- (a) Convention of March 9, 1964 (Art. 13).- (b) Arbitration Procedure (Annex II to the Convention).- 3. International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties.- (a) Convention of November 29, 1969 (Art. VIII).- (b) Conciliation and Arbitration Procedure (Annex to the Convention).- 4. Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter of December 29, 1972.- (a) Amendment to the Dumping Convention of October 12, 1978 (Art. XI).- (b) Arbitral Tribunal (Appendix to the Convention).- V. International Rivers and Lakes.- 1. Central Commission for the Navigation of the Rhine.- Revised Act of the Navigation of the Rhine of October 17, 1868 (Arts. 32-47).- 2. US-Canadian International Joint Commission.- Treaty with Great Britain Relating to Boundary, Waters and Questions Arising between the United States and Canada of January 11, 1909 (Arts. VII, X-XII).- 3. Committee of Appeals of the Commission for the Moselle.- (a) Treaty on the Canalisation of the Moselle of October 27, 1956 (Arts. 34, 35, 39-44).- (b) Rules of Procedure of the Committee of Appeals of October 9, 1970.- 4. Ems-Dollart Treaty.- Treaty Concerning Arrangements for Co-operation in the Ems Estuary of April 8, I960 (Chapter 12).- 5. Scheldt-Rhine Treaty.- (a) Treaty Concerning the Connexion between the Scheldt and the Rhine of May 13, 1963 (Art. 42).- (b) Arbitral Commission (Annex III to the Treaty).- 6. International Commission for the Navigation on Lake Constance.- (a) Agreement Concerning the Navigation of Lake Constance of June 1, 1973 (Arts. 19-23).- (b) Additional Protocol of June 1, 1973 (Para. 4).- VI. Investment and Export.- 1. International Centre for Settlement of Investment Disputes (ICSID)..- (a) Convention on the Settlement of Investment Disputes between States and Nationals of Other States of March 18, 1965.- (b) Rules of Procedure of September 25, 1967 Rules of Procedure for the Institution of Conciliation and Arbitration Proceedings (Institution Rules).- (c) Additional Facility Rules of September 27, 1978.- 2. Judicial Board of OAPEC.- (a) Agreement Establishing an Arab Organization for the Petroleum Exporting Countries (OAPEC) of January 9, 1968 (Arts. 21-25).- (b) Special Protocol to the Agreement of May 9, 1978.- VII. State Immunity.- European Tribunal in Matters of State Immunity.- Additional Protocol to the European Convention on State Immunity of May 16, 1972.- Fifth Part: Settlement of Disputes Arising out of the World Wars.- I. First World War.- 1. Mixed Arbitral Tribunals of the Peace Treaties.- (a) Anglo-German Mixed Arbitral Tribunal, Rules of Procedure of September 4, 1920.- (b) French-German Mixed Arbitral Tribunal, Rules of Procedure of April 2, 1920.- 2. Locarno Treaties.- (a) Treaty of Mutual Guarantee between Germany, Belgium, France, Great Britain, and Italy of October 16, 1925 (Arts. 3-5).- (b) Arbitration Convention between Germany and Belgium of October 16, 1925.- II. Second World War.- 1. Conciliation Commissions Established Pursuant to Art. 83 of the Peace Treaty with Italy.- (a) Peace Treaty of February 10, 1947 (Art. 83).- (b) Rules of Procedure of the Franco-Italian Conciliation Commission of June 4, 1948.- 2. Convention on Relations between the Three Powers and the Federal Republic of Germany.- (a) Convention of May 26, 1952 (Art. 9).- (b) Charter of the Arbitration Tribunal (Annex B to the Convention).- 3. Supreme Restitution Court.- (a) Convention on the Settlement of Matters Arising out of the War and the Occupation of May 26, 1952 as amended on October 23, 1954 (Chapter III).- (b) Charter of the Supreme Restitution Court (Annex to the Convention).- (c) Rules of Practice and Procedure of the Second Division of June 28, 1956.- (d) Rules of Procedure of the Third Division of March 7, 1957.- 4. Arbitral Tribunal and Mixed Commission for the London Agreement on German External Debts.- (a) Agreement of February 27, 1953 (Arts. 28 and 31).- (b) Charter of the Arbitral Tribunal (Annex IX to the Agreement).- (c) Charter of the Mixed Commission (Annex X to the Agreement).- (d) Rules of Procedure of the Arbitral Tribunal and the Mixed Commission of May 17, 1955.- 5. Arbitral Tribunal Established by the Austro-German Property Treaty.- (a) Austro-German Treaty Concerning the Settlement of Property Relations of June 15, 1957 (Part V).- (b) Rules of Procedure of March 22, I960.- 6. Arbitral Tribunal Established by the Austro-German Treaty on Finance and Compensation.- (a) Austro-German Treaty on Finance and Compensation of November 27, 1961 (Art. 25; Note 12 to Art. 25 Para. 1).- (b) Rules of Procedure of January 17, 1970.- Sixth Part: Arbitration and Dispute Settlement Clauses in Treaties.- I. Multilateral Agreements, International Organizations.- 1. Vienna Convention on Diplomatic Relations of April 18, 1961.- Optional Protocol Concerning the Compulsory Settlement of Disputes.- 2. Convention on International Liability for Damage Caused by Space Objects of March 29, 1972 (Arts. XIV-XX).- 3. International Telecommunications Union.- (a) Convention of October 25, 1973 (Art. 50).- (b) General Regulations (Art. 81).- 4. International Convention for the Prevention of Pollution from Ships.- (a) Convention of November 2, 1973 (Art. 10).- (b) Arbitration (Protocol II).- 5. Convention on the International Maritime Satellite Organization (INMARSAT).- (a) Convention of September 3, 1976 (Art. 31).- (b) Operating Agreement (Art. XVI).- (c) Procedures for the Settlement of Disputes (Annex).- 6. Convention on the Protection of the Rhine against Chemical Pollution.- (a) Convention of December 3, 1976 (Art. 15).- (b) Arbitration (Annex B).- 7. Universal Postal Union, General Regulations of October 26, 1979 (Art. 127).- II. Bilateral Treaties.- 1. Agreement Concerning Scheduled Air Transport (Switzerland-United Arab Republic) of July 14, I960 (Art. 15).- 2. Columbia River Basin Treaty (Canada-United States) of January 17, 1961 (Art. XVI).- 3. Agreement Relating to Investment Guaranties (United States-Trinidad and Tobago) of January 15, 1963 (Para. 5).- 4. Agreement Concerning Assistance from the UNDP (UNDP-Singapore) of September 23, 1966 (Art. IX).- 5. Agreement on Social Security (Federal Republic of Germany-United States) of January 7, 1976 (Art. 19).- 6. Air Services Agreement (United Kingdom-United States) of July 23, 1977 (Art. 17).- 7. Headquarters Agreement (Federal Republic of Germany-ESO) of January 31, 1979 (Art. 21).- 8. Agreement for the Promotion and Protection of Investments (Sri Lanka-United Kingdom) of February 13, 1980 (Arts. 8-9).- Seventh Part: Special Agreements (Compromis).- I. Special Agreements for the Submission of Disputes to the International Court of Justice.- 1. Case Concerning Sovereignty over Certain Frontier Land (Belgium/ Netherlands), Special Agreement of March 7,1957.- 2. North Sea Continental Shelf Cases (Denmark/Federal Republic of Germany; Netherlands/Federal Republic of Germany), Special Agreements and Protocol with Annexed Protocol of February 2, 1967..- 3. Question of the Delimitation of the Continental Shelf (Libya/Tunisia), Special Agreement of July 10, 1977.- 4. Delimitation of the Maritime Boundary in the Gulf of Maine Area (Canada/United States), Special Agreement of March 29, 1979.- 5. Delimitation of the Continental Shelf (Libya/Malta), Special Agreement of May 23, 1976, entered into force March 20, 1982.- II. Special Agreements Instituting ad hoc Arbitration.- 1. North Atlantic Coast Fisheries Case (United Kingdom/United States), Special Agreement of January 27, 1909.- 2. Trail Smelter Case (Canada/United States), Convention for Settlement of Difficulties of April 15, 1935.- 3. Lac Lanoux Case (France/Spain), Arbitration Agreement of November 16, 1957.- 4. Indo-Pakistan Western Boundary Case (Rann of Kutch) (India/Pakistan), Arbitration Agreement of June 30, 1965.- 5. Beagle Channel Dispute (Argentina/Chile), Agreement for Arbitration of July 22, 1971.- 6. Delimitation of the Continental Shelf (France/United Kingdom), Arbitration Agreement of July 10, 1975.- 7. Settlement of the Hostage Crisis (Iran/United States).- (a) Declaration of the Government of the Democratic and Popular Republic of Algeria Concerning the Settlement of Claims by the Government of the United States of America and the Government of the Islamic Republic of Ìran of January 19, 1981.- (b) Tribunal Rules of May 3, 1983.- Supplement: Statute of the Court of Justice of the Cartagena Agreement of August 19, 1983.- General Index.

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