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The Interplay between Negotiation and Litigation in International Dispute Settlement

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Chapter Summary

The argument that the author wishes to put forward in this chapter is that the utility and effectiveness of an international dispute settlement procedure cannot be measured in terms of the number of decided cases. A judgment in a case is only one element in the process of dispute settlement. The question that he wishes to raise in this chapter is whether the role is one that might consciously be developed in the International Tribunal for the Law of the Sea (ITLOS). This question is difficult, because it touches on the delicate balance between the role of a tribunal as an impartial arbiter between the parties to a dispute, and its role as one among many elements in a broader system of dispute settlement, in which the parties may concurrently be engaged in litigation, negotiation, and perhaps conciliation.

Keywords: international court; international dispute settlement; ITLOS; litigation; negotiation



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