The most fundamental purpose of international law is to promote international peace.Footnote 1 To achieve this challenging aim, an important system must be in place: the peaceful settlement of international disputes. The art of settling international disputes is a complex and fascinating field, and Yoshifumi Tanaka offers a well-written survey of this vital topic as an eminent scholar.
In this book, Tanaka concisely introduces the subject's importance and engages his readers with his insightful understanding of the art and craft of international dispute resolution. Tanaka's analysis is highly impressive and includes vivid examples drawn from many case-studies. This book has twelve chapters divided into two parts. The first half covers the fundamentals, focusing on traditional approaches to settle international disputes, and the second half covers international dispute settlement in different fields.
In Chapter 1, international disputes are clearly defined, and their core nature analyzed. Understanding the core nature of international disputes is a prerequisite for further studying the structure and procedure of international dispute settlement. Then, the reader is introduced to the basic concepts of dispute settlement. In Chapters 2 and 3, negotiation, good offices, mediation, inquiry, and conciliation are discussed, followed by international dispute settlement through the United Nations in Chapter 4. Interstate arbitration is discussed in Chapter 5, with Chapters 6 and 7 covering dispute settlement by the International Court of Justice [ICJ], where these final two chapters focus on the organization and procedure of the ICJ.
The second half of the book then illustrates international dispute settlement in particular fields, with Chapter 8 focusing on dispute settlement using the law of the sea, and Chapter 9 addressing dispute settlement within the World Trade Organization. Chapter 10 considers peaceful settlement of international environmental disputes, followed by peaceful settlement of disputes involving non-state actors in Chapter 11. Finally, Chapter 12 provides some useful thoughts on the interlinkage between the peaceful settlement of international disputes and the prohibition of the threat or use of force.
My one wish is that Tanaka had included a chapter on the international criminal justice system. The International Criminal Court plays a key role in resolving disputes and enforcing global condemnation of crimes against humanity, genocide, and other human rights violations.Footnote 2 Ultimately though, Tanaka's book offers readers an accessible account of most of the key concepts and procedures that underpin international dispute settlement from an international law perspective.
