Lesson 22

Question 1

Article 2(3) UN Charter

Answer 1

All Members shall settle their international disputes by
peaceful means in such a manner that international peace and security, and justice, are not endangered.

Question 2

Article 2(4) UN Charter

Answer 2

All Members shall refrain in their international relations from the threat or use of force against the
territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the UN.

Question 3

What can discrepancy between parties be due to?

Answer 3

issues of law vs issues of fact

Question 4

Stages of International Crisis

Answer 4

1) Situation
2) Conflict
3) Dispute

Question 5

Types of International Disputes - are these distinct today

Answer 5

1) legal
2) non-legal/political controversies

No - viewed as a mixed composition

Question 6

what limits are in place for the ICJ in regard to International disputes ?

Answer 6

limited to legal aspects

Question 7

The Three General Principles for the Peaceful Settlement of Disputes?

Answer 7

A. Obligation to resolve disputes by peaceful means (See Art.2.3 and Chapter VI of the Charter of the United Nations + Principle of peaceful settlement of disputes:
UNGA Res. 2625 (1970) guidance)

B . Principle of freedom of choice of the means of settlement based on the principle of sovereign equality - No hierarchy of the means + consent

C . Limit: adequacy of the means to the circumstances
and nature of the dispute

Question 8

Two Means of Dispute Resolution ?

Answer 8

1) Non-judicial means (political or diplomatic means)

2) Judicial means

Question 9

5 types of non-judicial means for solving international disputes?

Answer 9

1) diplomatic negotiations
2) good officers
3) mediation
4) international commission of inquiry
5) conciliation commission

Question 10

2 Types of judicial means for solving international disputes?

Answer 10

1) courts of arbitration
2) international tribunals

Question 11

What does the ICJ do?

Answer 11

settles disputes between states + gives advisory opinions on international legal issues

Question 12

How many judges on the ICJ?

Answer 12

15

Question 13

Can more than one judge of the ICJ be of the same nationality?

Answer 13

no

Question 14

are decisions of the ICJ binding?

Answer 14

yes

Question 15

is consent important in regards to the ICJ?

Answer 15

yes

Question 16

4 types of contentious jurisdiction of the ICJ?

Answer 16

1) clauses in international treaty
2) special agreements - when the dispute already exists
3) under art. 36.2 ICJ state - optional clause (declaration by states)
4) forum prorrogatum - implicit consent deduced from the defendant’s attitude - answering questions on substantive issues

Question 17

Art. 96 of the United Nations Charter

Answer 17

Consultative advisory jurisdiction of ICJ

Question 18

Who can appear before the ICJ?

Answer 18

 The Security Council and the General Assembly and may ask the Court on any matter

 The rest of the UN bodies or specialized agencies if they are legal issues within the scope of their activities

 Neither States nor international organizations can ask the Court for its opinion

 The Secretary

Question 19

Art. 59 of the ICJ Statute

Answer 19

Art. 59 of the ICJ Statute, the decision of the Court is final and without appeal, and the parties are obliged to comply with the judgment

binding on all involved parties

Question 20

How does the ICJ enforce judgments?

Answer 20

1) they do not have a direct enforcement mechanism

2) judgments are expected to be enforced by the parties in good faith

3) the UN security council may be involved in ensuring compliance with the judgement