Negotiations in the Case Law of the International Court of Ju... - 9781138700758

Taylor & Francis

This book presents a detailed and critical examination of the case law of the International Court of Justice presented through the prism of a functional analysis between negotiation and judicial settlement of disputes. > This book examines the multifunctional role negotiations play in the jurisprudence of the International Court of Justice. Prior negotiations may be necessary to bring to the surface and clarify the legal aspects of a dispute before its submission to the ICJ. Negotiations may play a potential and parallel role during the course of the proceedings; results of negotiations may find their way into the judicial reasoning and may even form part of the basis of the judicial settlement. The Court\u2019s judgment may require further negotiations for its implementation. A failure of this process may bring the parties back before the Court. This volume presents a detailed and critical examination of the case law of the ICJ through the prism of the functional interaction betw.