DR. KEVIN J. FANDL AMERICAN PUBLIC UNIVERSITY Treaty Law and Dispute Settlement

Start Here Below is a link to a useful presentation explaining the origins of treaty law:  reaties/Welcome.html reaties/Welcome.html

Treaty Law Treaties are among the primary sources of international law. This chapter will give you some guidance on how to go about treaty research, using electronic resources. Since there is no such thing as a comprehensive collection of treaties in print or on- line, you will have to conduct your research with a certain amount of creativity, and a lot of perseverance. Source: American Society of International Law

The Vienna Convention The 1949 Vienna Convention on the Law of Treaties is one of the central pieces of international law. Recognizing the ever-increasing importance of treaties as a source of international law and as a means of developing peaceful cooperation among nations, whatever their constitutional and social systems…  ions/1_1_1969.pdf ions/1_1_1969.pdf

Additional Resources on Treaty Law NYU Law Treaties Guide  ernationaltreatiesguide/index.htm ernationaltreatiesguide/index.htm American Society of International Law Treaty Guide 

Dispute Settlement

Int’l Dispute Settlement: Public or Private Public Law Matters: Usually between states  International environmental disputes  International trade disputes Private Law Matters: Often between individuals  International investment disputes  International finance disputes  International business disputes

Public: International Trade Disputes The power to settle international disputes with binding authority distinguishes the World Trade Organization from most other intergovernmental institutions. The Understanding on Rules and Procedures Governing the Settlement of Disputes gives the WTO unprecedented power to resolve trade-related conflicts between nations and assign penalties and compensation to the parties involved.The Understanding on Rules and Procedures Governing the Settlement of Disputes Harvard Global Trade Negotiations Page 

Private: Arbitration and Mediation The international business community uses arbitration to resolve commercial disputes arising in the global marketplace. Supportive laws are in place. The New York Convention of 1958 has been widely adopted, providing a favorable legislative climate that enables the enforcement of arbitration clauses. International commercial arbitration awards are recognized by national courts in most parts of the world, even more than foreign court judgments. A key component to the successful resolution of an international commercial dispute is the role played by the administrative institution.  Read more:

Arbitration vs. Mediation International Mediation  The parties might wish to submit their dispute to an international mediation prior to arbitration. In mediation, an impartial and independent mediator assists the parties in reaching a settlement but does not have the authority to make a binding decision or award. International Arbitration  The parties are free to adopt any mutually agreeable procedure for appointing arbitrators, or may designate arbitrators upon whom they agree. Parties can reach agreements concerning appointing arbitrators either when writing their contracts or after a dispute has arisen. This flexible procedure permits parties to utilize whatever method they consider best suits their needs. Source: The American Arbitration Association

Additional Resources U.S. Perspective on Int’l Dispute Settlement  Law review article on the proliferation of international dispute settlement mechanisms:  db.stanford.edu/pubs/22660/Proliferation_of_DS_Mechanis ms.pdf db.stanford.edu/pubs/22660/Proliferation_of_DS_Mechanis ms.pdf Checklist for managing environmental disputes  tingMEAs/DisputeSettlementProvisions/Checklist/tabid/664/ Default.aspx tingMEAs/DisputeSettlementProvisions/Checklist/tabid/664/ Default.aspx