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

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  • Petersmann, Ernst-Ulrich

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.

Suggested Citation

  • Petersmann, Ernst-Ulrich, 1999. "Dispute Settlement in International Economic Law--Lessons for Strengthening International Dispute Settlement in Non-economic Areas," Journal of International Economic Law, Oxford University Press, vol. 2(2), pages 189-248, June.
    • Handle: RePEc:oup:jieclw:v:2:y:1999:i:2:p:189-248
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    Cited by:

    1. Thomas A. Zimmermann, 2005. "WTO Dispute Settlement at Ten: Evolution, Experiences, and Evaluation," Aussenwirtschaft, University of St. Gallen, School of Economics and Political Science, Swiss Institute for International Economics and Applied Economics Research, vol. 60(01), pages 27-61, March.
    2. Perez, Oren, 2002. "The Many Faces of the Trade-Environment Conflict: Some Lessons for the Constitutionalization Project," European Integration online Papers (EIoP), European Community Studies Association Austria (ECSA-A), vol. 6, July.

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