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Interpretation and Revision of International Boundary Decisions (Cambridge Studies in International and Comparative Law)
 
 
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Interpretation and Revision of International Boundary Decisions (Cambridge Studies in International and Comparative Law) [Hardcover]

Kaiyan Homi Kaikobad (Author)

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Book Description

0521869129 978-0521869126 July 23, 2007
This book seeks to examine a consistent theme occurring in judgements and awards given by international tribunals in the matter of boundary disputes, a theme which is predicated on finding some sort of difficulty in the implementation of those awards and judgements. This is a feature prominent in boundary and territorial disputes inasmuch as decisions relative to title to territory and location of a boundary line are always keenly contested and hotly disputed. Two remedies which have frequently been relied on by States are those of interpretation and revision. The author sheds light on how, when and in what circumstances will the tribunal be able to interpret or revise either its own or another tribunal's decisions. By doing so, the study succeeds in contributing to an understanding of this area of the law. It is the case that the latter has largely been neglected by jurists.

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Editorial Reviews

Review

"Dr. Kaikobad's excellent book on the interpretation and revision of international boundary decisions should be welcomed..."
--Enrico Milano, Global Law Books


"Kaikobad's volume renders a rarely erudite and perceptive investigation of the issues relating to the international interpretation and revision of boundary decisions..an outstanding contribution both to understanding the interactions between territory and conflict in an era of globalization and to the contextualization and application of judicial remedies..lucid and shrewd."
--Emilian Kavalski, University of Alberta


"[...] Kaikobad has written a worthwhile general introduction to the interpretation and revision of international judgements and awards generally, and to boundary decisions specifically. His major contribution is in organizing and classifying a great variety of treaties and cases involving interpretation and revision disputes."
--Aaron Xavier Fellmeth, Arizona State University College of Law, The American Journal of International Law

Book Description

This book seeks to comment upon the nature, scope and effect of two important remedies in the adjudication of boundary disputes, namely the remedies of interpretation and revision. It examines these remedies by looking at their basic legal nature and the principles on which these remedies can be applied.

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Inside This Book (learn more)
Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
decisive factor test, alleged new facts, arbitral treaty, res judicata rule, judgment boundary, incidental jurisdiction, international arbitral process, incidental revision, arbitral agreement, application for revision, claiming revision, arbitral procedure, boundary award, judgment boundaries, ultra petita, boundary arbitration, shelf delimitation, interpretative judgment, award line, merits stage, probative weight, bona fide need, permanent court, boundary delimited, ratione temporis
Key Phrases - Capitalized Phrases (CAPs): (learn more)
United States, United Kingdom, Costa Rica, Court of Arbitration, New Hampshire, Verbatim Record, Conference of Ambassadors, Great Britain, United Nations, Laguna del Desierto, Hague Convention, New York, Oral Argument, Monastery of Saint-Naoum, Supreme Court, Dissenting Opinion, Third Committee, British Guiana, Dixon Entrance, Law of the Sea, Secretary of State, Viet Nam, Beagle Channel, Council of the League of Nations, General Assembly
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