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Non-Binding International Dispute Settlement, Sean D. Murphy
Non-Binding International Dispute Settlement, Sean D. Murphy
GW Law Faculty Publications & Other Works
The period of the Cold War, with its associated East-West divisions and ever-present threat of nuclear war, presented considerable obstacles to the flowering of the methods of international dispute resolution that were envisaged in Chapters VI and VII of the UN Charter. Those approaches to dispute resolution might be grouped into three categories: resolution of disputes by applying rules of international law, such as resort to arbitration or international courts; resolution of disputes through the projection of power, either in self-defence or under authorisation of the Security Council; and resolution of disputes by identifying and accommodating the interests of the …
Creativity In Dispute Settlement Relating To The Law Of The Sea, Sean D. Murphy
Creativity In Dispute Settlement Relating To The Law Of The Sea, Sean D. Murphy
GW Law Faculty Publications & Other Works
This chapter, written in honor of David Caron, focuses on creativity in dispute resolution relating to the law of the sea. When the 1982 U.N. Convention on the Law of the Sea (UNCLOS) was adopted in 1982, its dispute settlement procedures were heralded as highly creative in offering an array of possibilities for States (and even non-State actors). Now that almost three decades have passed since the Convention’s entry into force in 1994, can it be said that the promise of such creativity has been fulfilled? It appears that the answer to that question is largely yes, not just in …
The Use Of Alternative Dispute Resolution Techniques To Resolve Public Sector Bargaining Disputes, Charles B. Craver
The Use Of Alternative Dispute Resolution Techniques To Resolve Public Sector Bargaining Disputes, Charles B. Craver
GW Law Faculty Publications & Other Works
Labor organizations and employers have used various dispute resolution techniques to assist them with contract negotiations and contractual grievances. They have used negotiation, mediation, and arbitration since the 1800s. When the ADR movement was developed for conventional legal disputes, many of the techniques adopted were derived from the industrial relations movement. As states enacted public sector bargaining laws granting representational rights to state and local government employees, the parties had to determine how to resolve controversies over the terms to be included in new contracts and over grievances arising under existing accords. Most states refused to allow government personnel to …