This book presents a detailed and critical analysis of the case law of the International Court of Justice through the prism of a functional analysis between negotiations and the judicial settlement of disputes. The focus is thus not on the merits of each individual case, but on its contribution to and clarification of this functional interplay.

This book presents a detailed and critical examination of the case law of the International Court of Justice presented through the prism of a functional analysis between negotiation and judicial settlement of disputes. In cases where legal interests of third States are involved this functional interaction becomes even more complex. The focus is not on the merits of each individual case, but on the Court's contribution and clarification of this functional interplay and the book is essential reading for those involved with and studying international law and justice.

'This book devotes an impressive amount of the decisions of the ICJ to the most diverse aspects of the inevitable functional interplay between negotiation and adjudication. Karel Wellens offers lucid and incisive surveys to chart the complicated legal terrain for a new world of peaceful settlement of dispute.' Hironobu Sakai, Kyoto University, Japan 'This is an original treatment of an important subject that has not previously had the attention it ought to have received. Professor Wellens treats it with his customary thoroughness and care and brings out clearly the continuing relevance of negotiation before and after the judicial phase of dispute settlement, and even during the judicial process itself.' Sir Franklin Berman QC, Essex Court Chambers, UK