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El Arbitraje Internacional en la Práctica Convencional Española (1794-1978). By M. Paz Andrés Sáenz de Santa María. Oviedo: Universidad de Oviedo, 1982. Pp. xvi, 365. Indexes.

Published online by Cambridge University Press:  27 February 2017

David D. Caron*
Affiliation:
Iran-United States Claims Tribunal

Abstract

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Type
Book Reviews and Notes
Copyright
Copyright © American Society of International Law 1985

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References

1 As to Canadian practice, see Rohn, , Canada in the United Nations Treaty Series: A Global Perspective, 4 Can. Y.B. Int’l L. 102 (1966)CrossRefGoogle Scholar; Turkish practice, see Rohn, , Turkish Treaties in Global Perspective, 6 Turk. Y.B. Int’l L. 119 (1965)Google Scholar; and West German practice, see Wöhler, N., Die Internationale Schiedsgerichtsbarkeit in der Völkerrechtlichen Praxis der Bundesrepublik Deutschland (1985)Google Scholar. See generally Raymond, G. A., Conflict Resolution and the Structure of the State System (1980)Google Scholar; Reithel, C. G., Dispute Settlement in Treaties—A Quantitative Analysis (unpub. dissertation, University of Washington, 1972)Google Scholar.

2 The author, in a footnote to her discussion of the Questions regarding Morocco case (France v. Spain) (Nov. 27, 1912), tells of a dead end in her research, but thereby gives an example of her practice of using primary materials as much as possible and of the tenacity of her efforts apparent throughout her work.

A. M. Stuyt [Survey of International Arbitrations 1794-1970] does not refer to there having been a judgment or execution. See op. cit., p. 317. In the Ministry of Foreign Affairs a file was known to exist concerning the arbitration: Negotiations Archive S.XIX, No. 158, but it could not be found in the archive and thus could not be consulted [p. 74, translation by reviewer].

3 E.g., N. Wühler notes that between 1949 and 1981, the Federal Republic of Germany became a party to 136 multilateral and 298 bilateral treaties containing specific compromissory clauses. In addition, it is worthwhile noting that

[o]f the 4,834 treaties registered with the League of Nations between 1920 and 1946 and the 12,500 registered with the United Nations between 1946 and the present, some 4,000 include a special compromissory clause providing for the pacific settlement of disputes relating to the interpretation and application of the treaty itself [Sohn, Settlement of Disputes Relating to the Interpretation and Application of Treaties, 150 Recueil des Cours 195, 259 (1976 II)].