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International Dispute Settlement, 6th ed. By J.G. Merrills. Cambridge: Cambridge University Press, 2017. 374 + xxviii pages.
Published online by Cambridge University Press: 28 August 2018
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- Type
- Book Reviews / Recensions de livres
- Information
- Canadian Yearbook of International Law/Annuaire canadien de droit international , Volume 55 , October 2018 , pp. 672 - 676
- Copyright
- Copyright © The Canadian Yearbook of International Law/Annuaire canadien de droit international 2018
References
1 For a discussion of what is meant by diplomatic means of dispute resolution, while also recognizing that not all states parties may have the capacity to exert either choice or control, see Lucy Reed, “Observations on the Relationship between Diplomatic and Judicial Means of Settlement” in Laurence Boisson de Chazournes, Marcelo G Kohen & Jorge E Viñuales, eds, Diplomatic and Judicial Means of Dispute Settlement (Leiden: Martinus Nijhoff, 2012) 291.
2 Review by Richard B Bilder in (1988) 82:1 AJIL 184 at 185–86.
3 There is one casebook available, first published in 2006, and revised in 2012, but some of its inclusions are aimed to serve an American law school audience. See Mary Ellen O’Connell, International Dispute Resolution: Cases and Materials, 2nd ed (Durham, NC: Carolina Academic Press, 2012).
4 Review by Christian Tams in (2000) 11:3 EJIL 735 at 735.
5 Duncan French, Matthew Saul & Nigel D White, eds, International Law and Dispute Settlement: New Problems and Techniques (Oxford: Hart, 2010).
6 JG Merrills, International Dispute Settlement, 6th ed (Cambridge: Cambridge University Press, 2017) at 328, citing MD Evans, “Foreword” in French, Saul & White, supra note 5 at viii [emphasis in original].
7 Charter of the United Nations, 26 June 1945, Can TS 1945 No 7 (entered into force 24 October 1945), art 33(1).
8 Merrills, supra note 6 at 28.
9 Ibid at 44–45, 51–53.
10 Ibid at 91; see further Tom Bingham, “The Alabama Claims Arbitration” (2005) 54 ICLQ 1.
11 Delimitation of the Maritime Boundary in the Gulf of Maine Area, [1984] ICJ Rep 246, cited in Merrills, supra note 6 at 147–50.
12 Merrills, supra note 6 at 57–58.
13 Ibid at 60.
14 Request for an Advisory Opinion Submitted by the Sub-Regional Fisheries Commission (SRFC), Advisory Opinion of 2 April 2015, (2015) 54 ILM 893 (International Tribunal for the Law of the Sea), cited in Merrills, supra note 6 at 200.
15 European Communities – Measures Prohibiting the Importation and Marketing of Seal Products (Complaint by Canada and Norway), WTO Docs WT/DS400/AB/R and WT/DS401/AB/R/ (2014), cited in Merrills, supra note 6 at 218.
16 See further Karen N Scott, “Non-compliance Procedures and Dispute Resolution Mechanisms under International Environmental Agreements” in French, Saul & White, supra note 5, 225.
17 12 December 2015, Can TS 2016 No 9 (entered into force 4 November 2016).
18 Merrills, supra note 6 at x.
19 JG Merrills, International Dispute Settlement, 3rd ed (Cambridge: Cambridge University Press, 1998) at x: “[T]rade issues are now simply too important to be left out.”
20 See further Chester Brown, “The Proliferation of International Courts and Tribunals: Finding Your Way through the Maze” (2002) 3 Melb J Intl L 453 at 457.
21 On the extent of this development, see generally Ruth Mackenzie, Cesare Romano & Yuval Shany, eds, The Manual on International Courts and Tribunals, 2nd ed (Oxford: Oxford University Press, 2010).
22 See, e.g., the works cited in Brown, supra note 20, especially at 454–55, n 8.
23 See further Somini Sengupta, “U.N. Apologizes for Role in Haiti’s 2010 Cholera Outbreak,” New York Times (1 December 2016) at A12; Rick Gladstone, “Court Dismisses Last Suit Against U.N. over Cholera,” New York Times (25 August 2017) at A5.