7- Intl Courts Flashcards
(53 cards)
peaceful settlement of disputes options
- negotiation
- enquiry
- mediation
- conciliation
- arbitration
- judicial settlement
negotiation
doesn’t involve judges
most common
judicial settlement
resort to regional agencies or other peaceful means of their own choice.
oldest permanent body for the settlement of peaceful disputes
Permanent Court of Arbitration
is the permament court of arbitratoin a court?
NO PCA IS NOT A COURT
are teh tribunals that the permanent court of arbitration creates permanent?
NO PCA DOESN’T CREATE PERMANENT TRIBUNALS
aim of PCA
facilitates arbitration by providing a permanent administrative structure in which parties can organize tribunals.
similarity between *arbitration *and judicial settlement through courts
both issue binding decisions
both apply IL
both use independent decision-makers
Difference between courts and tribunals in consent.
In tribunals, consent is given on a case-to-case basis. (generally) each time you have a dispute you have a new agreement to have a tribunal.
are arbitrary tribunals flexible?
YES, parties get to choose the arbitrators.
They’re ad-hoc convened ACC to specific disputes.
Are tribunals more secretive?
YES, they don’t publish much
courts usually publish more.
how is the PCA organized?
each contracting state nominates up to four people who’s name goes to a list.
when there’s a dispute they choose one/ more arbitrators from the list
is there an option to appeal in PCA
NO
can individuals go to the PCA
if the treaty says so YES.
Where is the PCA based and when was it created?
Based in The Hague, created by the Hague Convention in 1899
Define PCA
PCA is an organization that facilitates arbitrations by providing a permanent administrative structure in which parties can resolve disputes.
process of PCA (4)
- each party nominates 4 arbitrators to be put in a list.
- when dispute arises, both parties choose one from the list
- a tribunal is set under the PCA which hears cases, and makes a decision
- decisions is BINDING and NO APPEAL (unless corruption)
what is the default option for sea disputes according to UNCLOS
PCA
What law does the PCA apply?
IL and specific principles parties agreed on.
When was the ICJ created?
Created in 1920 as part of LoN; changed name after creation of UN
Unlike the PCA, the ICJ only deals with…
States (and UN) as parties (but they can represent individuals)
Is that ICJ ad hoc or permanent?
Permanent
how are the judges of the ICJ selected? 4
ICJ judges are elected by the UNGA & SC
Candidates need an absolute majority from both bodies to be elected.
There are 15 judges serving nine-year terms.
The selection process aims for diversity in legal systems and geographic representation.
what happens when a country in dispute doesn’t have someone from their nationality ? (ICJ)
there’s one ad hoc judge that can be appointed.
