provides the context within
which the Tribunal was established and offers an examination of alternative
for a to the Tribunal both within and outside the framework of the
The popularity of non-judicial means of dispute resolution is one that
has extended beyond the domestic plane. Increasingly, alternative dispute
resolution mechanisms present new options for states wishing to avoid the
institutional mechanisms for whatever reason. Also explored is the
increasing popularity of ADR processes at the international level. David
Anderson discusses the advantages of negotiation over other means of
settling dispute and its use in international affairs today.
This is followed by a very interesting piece, "Alternative Dispute
Resolution under International Law", in which Christine Chinkin discusses
the development and use of alternative dispute resolution mechanisms in
international affairs. She focuses, particularly, on three institutional
contexts where negotiating dispute resolution processes
have been adopted and adapted: institutional regimes for treaty compliance
with emphasis on the fields of environment protection and human rights;
inspection panels of the international financial institutions; and the good
Michael Furmston explores in Chapter 9 the tendencies towards
uniformity in arbitral practice in the international sphere. By focusing on
how efforts towards harmonization "have been received and reconciled within
the domestic law of England and Wales", he raises important points for
consideration at the international level.
Bernhard Jensen's piece is an exploration of the development of the
GATT/WTO dispute settlement system from an essentially negotiation
mechanism to the quasi-judicial body it is today. In "Environmental Dispute
Settlement: Some Reflections on Recent Developments", Phoebe N. Okowa
assesses "the extent to which environmental disputes raise ...