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An Introduction To Public International Law – Cecily Rose

The panel recommended that Israel offer a statement of regret and payment for the benefit of the deceased and injured victims and their families. The panel also recommended ways to avoid such incidents in the future – an aspect of its mandate that went beyond dispute settlement between Israel and Turkey. In addition to its factual findings and recommendations, the panel also made some legal determinations about issues such as the legality of the naval blockade. This panel report thus demonstrates that, like the early inquiries established under the framework of the 1899 and 1907 Hague Conventions, contemporary inquiries continue to make legal assessments as well as factual findings, and touch on ‘vital interests’, such as security matters.
d Conciliation Conciliation is a procedure by which a third party examines all aspects of a dispute, and makes recommendations that the parties can accept or reject.33 Because conciliation commissions or panels may be expressly designed to deal with the facts, law, as well as other considerations, conciliation could be regarded as lying somewhere in between diplomatic and legal dispute settlement methods. But conciliation is most appropriately classified as a form of diplomatic dispute settlement because of the non-binding status of conciliation reports and the fact that the commissions may take non-legal factors, such as equity or fairness into consideration.
These represent fundamental distinctions between conciliation and legal methods of dispute settlement, which result in binding arbitral awards or judicial decisions based on the law. Conciliation allows disputing parties more flexibility than arbitration or adjudication, in that conciliation results only in recommendations, which the disputing parties are not bound to accept. In contrast with negotiations and mediation, however, conciliation is considerably less flexible, as it can entail more formal, court-like proceedings. While disputing parties exercise a fair amount of control over conciliation proceedings, the degree of control is again less than with negotiations or mediation.
Disputing parties that pursue conciliation choose the panellists or participate in their selection, and they also confer a mandate on the panel, thereby defining the scope of the panellists’ work.
Written for students working in a range of disciplines, this textbook provides an accessible, balanced, and nuanced introduction to the field of public international law. It explains the basic concepts and legal frameworks of public international law while acknowledging the field’s inherent complexities and controversies. Featuring numerous carefully chosen and clearly explained examples, it demonstrates how the law applies in practice, and public international law’s pervasive influence on world affairs, both past and present. Aiming not to over-emphasize any particular domestic jurisprudence or research interest, this textbook offers a global overview of public international law that will be highly valuable to any student new to the study of this very significant field.
AN INTRODUCTION TO PUBLIC INTERNATIONAL LAW Cecily Rose Leiden University Niels Blokker Leiden University Daniëlla Dam-de Jong Leiden University Simone Van Den Driest Dutch Council of State Robert Heinsch Leiden University Erik Koppe Pels Rijcken Nico Schrijver Dutch Council of State University Printing House, Cambridge CB2 8BS, United Kingdom One Liberty Plaza, 20th Floor, New York, NY 10006, USA 477 Williamstown Road, Port Melbourne, VIC 3207, Australia 314–321, 3rd Floor, Plot 3, Splendor Forum, Jasola District Centre, New Delhi – 110025, India 103 Penang Road, #05–06/07, Visioncrest Commercial, Singapore 238467 Cambridge University Press is part of the University of Cambridge.
It furthers the University’s mission by disseminating knowledge in the pursuit of education, learning, and research at the highest international levels of excellence. www.cambridge.org Information on this title: www.cambridge.org/highereducation/isbn/9781108421454 DOI: 10.1017/9781108377232 © Cecily Rose, Niels Blokker, Daniëlla Dam-de Jong, Simone van den Driest, Robert Heinsch, Erik Koppe, and Nico Schrijver 2022 This publication is in copyright. Subject to statutory exception and to the provisions of relevant collective licensing agreements, no reproduction of any part may take place without the written permission of Cambridge University Press.
First published 2022 Printed in the United Kingdom by TJ Books Limited, Padstow Cornwall 2022 A catalogue record for this publication is available from the British Library.
This is a short excerpt from the opening of “” by Unknown, quoted for review and introduction purposes. All rights belong to the copyright holders.
Book Information
- Unique ID: 8936d7a4f84eacb7
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- ISBN: 9781108421454, 9781108377232, 9781108432627
- Pages: 858
- Language: English (en)
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