Oregon Review of International Law : Volume 24 (2023)
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Browsing Oregon Review of International Law : Volume 24 (2023) by Subject "Dispute resolution"
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Item Open Access Asynchronous Online Courts: The Future of Courts?(University of Oregon School of Law, 2023-05-05) Xi, ChenAsynchronous online courts combine the features of the current online court and online dispute resolution (ODR), allowing the public to communicate online asynchronously. Canada, the United Kingdom (U.K.), Singapore, and China have established various asynchronous online courts, and the new courts are highly likely to become the next generation of online courts. However, there are challenges against asynchronous online courts, as the new courts might violate the principle of direct and verbal trial, lead to paper hearings rather than oral trials, exclude those who cannot access the Internet, provide less transparency, impair court majesty, and create a mass of frivolous cases. Should asynchronous online courts be established and popularized?Item Open Access Politico-Legal Inter-State Disputes: Should the United Nations International Law Commission Be Requested to Commence Studies on the “Opportunities for Holistic Dispute Settlement?”(University of Oregon School of Law, 2023-05-05) Chigara, Benedict AbrahamsonThis Article recommends a review of the jurisdictional provision of the International Court of Justice (ICJ) to ensure internal logical coherency of the assumptions that underpin the jurisdictional mandate of the ICJ. The benefits would include the enhancement of clarity and logic both in the ICJ statutory provisions and in the practice of the court. They would ensure certainty between the literal and textual clarity of the Statute of the International Court of Justice and the actual practice of the ICJ. Article 38 of the Statute of the International Court of Justice is widely regarded as the basis for international law generally.