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Full-Text Articles in Law

Examining The International Judicial Function: International Courts As Dispute Resolvers, Anna Spain Jan 2011

Examining The International Judicial Function: International Courts As Dispute Resolvers, Anna Spain

Articles

This article examines the judicial function of international courts by considering both what it is and what it ought to be. The article identifies and describes two distinct functions - dispute settlement and peace promotion - and explores the tensions that exist in pursuing these two aims. It then introduces a third way of understanding the international judicial function that respects international courts’ traditional role as dispute settlers while allowing for their more engaged and proactive function as peacemakers. This third approach conceptualizes that the role of international courts is to resolve disputes. Doing so requires understanding courts as entities that exist ...


Beyond Adjudication: Resolving International Resource Disputes In An Era Of Climate Change, Anna Spain Jan 2011

Beyond Adjudication: Resolving International Resource Disputes In An Era Of Climate Change, Anna Spain

Articles

This Article examines the role of international adjudication as a mechanism for resolving international disputes and promoting global peace and security in an era of climate change. The central claim is that adjudication has limitations that make it ineffective as a tool for resolving international resource disputes. The Article argues that adjudication is limited due to source and process challenges and it illustrates this claim by reviewing cases adjudicated by the International Court of Justice, the Permanent Court of Arbitration and other international courts and tribunals. Four categories of adjudication limitation emerge: a) cases where the parties refused to submit ...


Integration Matters: Rethinking The Architecture Of International Dispute Resolution, Anna Spain Jan 2010

Integration Matters: Rethinking The Architecture Of International Dispute Resolution, Anna Spain

Articles

International law promotes global peace and security by providing mechanisms for the pacific settlement of international disputes. This Article examines these mechanisms and their place in the architecture of the international dispute resolution ("IDR") system. The Article identifies three core deficiencies of the IDR system that limit its effectiveness and capacity. First, the international legal system has prioritized the development of adjudication over other forms of dispute resolution; the judicialization of international disputes and the proliferation of courts and tribunals evidence this. However, adjudication is limited in its capacity to resolve disputes that involve non-state parties and extra-legal issues. This ...


Sources Of Water Iv: Tribal Water Rights, John E. Echohawk Jun 1990

Sources Of Water Iv: Tribal Water Rights, John E. Echohawk

Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)

10 pages.

Contains references.


Negotiation As A Means Of Quantifying Indian Water Rights, Joseph R. Membrino Jun 1984

Negotiation As A Means Of Quantifying Indian Water Rights, Joseph R. Membrino

The Federal Impact on State Water Rights (Summer Conference, June 11-13)

88 pages.

Contains attachments.


Hybrid Systems: Outline, Harrison C. Dunning Jun 1981

Hybrid Systems: Outline, Harrison C. Dunning

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

4 pages.


Federal Reserved Water Rights Policy And Improving Federal-State Relations In The West: A Discussion Of The Need For Federal Legislation On Reserved Rights: Outline, Charles B. Roe, Jr. Jun 1981

Federal Reserved Water Rights Policy And Improving Federal-State Relations In The West: A Discussion Of The Need For Federal Legislation On Reserved Rights: Outline, Charles B. Roe, Jr.

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

8 pages.