Book contents
- International Procedure in Interstate Litigation and Arbitration
- Studies on International Courts and Tribunals
- International Procedure in Interstate Litigation and Arbitration
- Copyright page
- Contents
- Contributors
- Introduction
- Part I Pre-hearing and Selection and Appointment of Judges and Arbitrators
- Part II Post-commencement Litigation Procedure and Strategy
- Part III Evidence and Witness
- Part IV Post-hearing and Effect of Decisions
- 11 Settling a Dispute
- 12 Rule of Precedent and Rules on Precedent
- 13 Cross-Fertilisation and Conflicts between Courts and Tribunals: An Analysis from the Perspective of the United Nations Convention on the Law of the Sea
- Index
11 - Settling a Dispute
The Scope of the International Jurisdictional Function
from Part IV - Post-hearing and Effect of Decisions
Published online by Cambridge University Press: 18 November 2021
Edited by
Book contents
- International Procedure in Interstate Litigation and Arbitration
- Studies on International Courts and Tribunals
- International Procedure in Interstate Litigation and Arbitration
- Copyright page
- Contents
- Contributors
- Introduction
- Part I Pre-hearing and Selection and Appointment of Judges and Arbitrators
- Part II Post-commencement Litigation Procedure and Strategy
- Part III Evidence and Witness
- Part IV Post-hearing and Effect of Decisions
- 11 Settling a Dispute
- 12 Rule of Precedent and Rules on Precedent
- 13 Cross-Fertilisation and Conflicts between Courts and Tribunals: An Analysis from the Perspective of the United Nations Convention on the Law of the Sea
- Index
Summary
In international law, the traditional postulate of the jurisdictional function is that it covers only the adjudicative phase; the post-adjudicative phase belonging to the realm of politics. This chapter rejects this premise and attempts to deconstruct it in the light of the purpose of jurisdictional remedy. It follows that recourse to jurisdictional mechanisms is intended to bring disputes to a definitive end. This chapter then draws the consequences for the jurisdictional function.
- Type
- Chapter
- Information
- International Procedure in Interstate Litigation and ArbitrationA Comparative Approach, pp. 321 - 353Publisher: Cambridge University PressPrint publication year: 2021