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Max Planck Encyclopedia of International Procedural Law [MPEiPro]

Theories of Negotiation and International Adjudication

Valérie Rosoux

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 21 July 2024

Negotiations and consultation — Sociology of international law

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 At first glance, the notions of negotiation and adjudication have little, or nothing, in common. Most textbooks devoted to dispute resolution depict negotiation and adjudication as two clearly distinct ways of dealing with conflict. Negotiations are reached through discussions between the parties or their representatives, without the involvement of a third party. They are voluntary and non-binding. Adjudication, however, implies the presence of a neutral third party, usually an independent judge or a designated arbitrator, who gives a decision which is binding...
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