Dispute Settlement in International Economic Law--Lessons for Strengthening International Dispute Settlement in Non-economic Areas

Ernst-Ulrich Petersmann

Journal of International Economic Law, 1999, vol. 2, issue 2, 189-248

Abstract: This article begins with a discussion of negotiation theories and the need for a comprehensive theory of effective international adjudication and then examines why compulsory international adjudication is more widely accepted in international economic law and in related regional integration law than in non-economic areas of international law. The article compares the relevant dispute settlement mechanisms and offers economic, political and legal reasons why legal remedies and international adjudication tend to be more effective in international economic law than in other areas of international law. Lessons are drawn from the 'international economic law revolution', and concrete proposals are made for strengthening international dispute settlement mechanisms in non-economic areas, notably in UN law. The International Court of Justice (ICJ) and other UN dispute settlement mechanisms (notably in UN human rights covenants) risk coming under increasing criticism unless they protect human rights and rule of law more effectively. The power-oriented UN legal system requires far-reaching constitutional reforms. Copyright 1999 by Oxford University Press.

Date: 1999
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