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Max Planck Encyclopedia of International Procedural Law [MPEiPro]

Political Disputes: Inter-State Dispute Settlement

Shirley V Scott, Roberta C Andrade

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 23 February 2024

Subject(s):
Conciliation — Fact-finding and inquiry — Good offices — Mediation

Published under the direction of Hélène Ruiz Fabri, with the support of the Department of International Law and Dispute Resolution, under the auspices of the Max Planck Institute Luxembourg for Procedural Law.

1 ‘Political dispute’ is not a term of art in international law. Scholars have contested its meaning (eg Kelsen, 1966; Higgins, 1968; Gowlland-Debbas, 1994; Mu, 2014; Casas, 2019; John, 2021). Settlement of an international legal dispute via third-party dispute resolution can in contemporary international law be conceived of as one step in addressing what is usually a larger political dispute. As Shabtai Rosenne noted, ‘[l]itigation is but a phase in the unfolding of a political drama’ (1997, at 3). Understood in this way, every legal dispute is at the same time a...
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