International Dispute Settlement Flashcards
Where is the principle of the peaceful settlement of disputes found?
-Art 2(3) UN Charter
Where can the list of forms of peaceful settlement of disputes be found?
-Declaration on Principles of International Law concerning Friiendly Relations and Cooperation among States in acordance with the Charter of the UN Nations
List the types of peaceful settlements of disputes
-Negotiations
-Good offices
-Mediation
-Inquiries and Fact-Finding Missions
-Dispute Settlement with the UN
-Arbitration
-ICJ
Explain what good offices is
means of dispute settlement that involves a neutral and trustworthy third
party
-can be a state
-or an international entity?:
-e.g: UN Secretary- General
How to states show consent to the jurisdiction of the ICJ
-Compromis
-Compromissory Clause
-Optional clause declaration
What is a compromis?
- explicit agreement between parties to a dispute that they agree to submit to the Court
What is a comprimissory clause?
- Provisons in traties which mandate jurisdiction of the ICJ
What is an optional cluase declaration
-accept jurisdiction of the court in all maters
-except perhaps those they have laid down as off limits
-can lay down own time limits
When can the court enforce jurisdiction without the explicit consent of states?
- Forum prorogatum
-can be expected that such consent will eventually be given
-A State must show “an
unequivocal indication” that it wishes to accept the Court’s jurisdiction in a -“voluntary and
indisputable” manner
What are the effects of an ICJ judgment
-Art. 60 of the ICJ Statute–> final no opportunity to appeal
-Binding to those involved
-no stere decisis or obligations of third charters
-under UN CHarter UN member states must comply with the ICJ Judgments (ART.94 of the UN Charter)
-non-compliance addressed by the UN Security Council
