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Principles Of Public International Law > Worksheet 12 > Flashcards

Worksheet 12 Flashcards

1
Q

What does article 2(3) of the UN charter impose?

A

An obligation on all its member states to settle their international disputes by peaceful means in such a manner as not to endanger international peace, security and justice

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2
Q

How else is the obligation in article 2(3) of the UN charter enforced?

A

Customary International law

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3
Q

What are the methods of diplomatic settlement?

A
  1. Negotiation
  2. Good offices
  3. Mediation
  4. Inquiry
  5. Conciliation
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4
Q

What is negotiations in diplomatic means of dispute settlement?

A

Also called diplomacy

No third party involved - discussions between representatives of parties with a view of settling the dispute

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5
Q

What are good offices in diplomatic means of dispute settlement?

A

involves a third party whose role is to provide a channel of communication thus facilitating the establishment of dialogue between the parties

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6
Q

What are mediation in diplomatic means of dispute settlement?

A

when a third party becomes actively involved in the settlement of a dispute and makes proposals for its solution

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7
Q

Is mediation binding?

A

No

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8
Q

Do you have to implement mediation proposals?

A

No, proposals can be accepted or refused

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9
Q

What are inquiry in diplomatic means of dispute settlement?

A

Involves a third party investigation of the facts surrounding the dispute and as such is normally of a technical character

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10
Q

What are conciliation in diplomatic means of dispute settlement?

A

A quasi-judicial procedure which occurs by agreement between the parties, whereby a third party is appointed to investigate the dispute and to suggest terms for a settlement

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11
Q

Are parties bound to accept suggested terms in a conciliation?

A

No

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12
Q

What is arbitration?

A

A procedure for the settlement of disputes between states by a binding award on the basis of law as a result of an undertaking voluntarily accepted

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13
Q

Recourse to arbitration is based on the contest of the parties to a dispute and may be based on what?

A

1 arbitration clauses
2. Compromis
3. A treaty of arbitration

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14
Q

How do arbitration clauses work?

A

They are inserted into a treaty and provide that if a dispute arises between the contracting parties in respect of the interpretation or application of that treaty they will be bound to submit it to arbitration

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15
Q

What is compromis?

A

A formal agreement concluded between states after the dispute has occurred to submit the dispute to arbitration

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16
Q

How do you know how the arbitrational tribunal will function, its composition, competences and law applicable to the dispute in a compris?

A

Normally the terms are stipulated

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17
Q

State the treaty where arbitration began in modern times and what was concluded

A

The Jay treaty of 1774 between great Britain and the us to settle highly controversial issues after the war of independence which had not been settled by diplomacy

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18
Q

What was the basis of the creation of the permanent court of arbitration?

A

1899 convention for the pacific settlement of international disputes as amended by the 1907 convention for pacific settlements of International disputes which were both adopted by the Hauge Peace Confrence

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19
Q

Is the permanent court of arbitration a court or an arbitration tribunal? - is there any permanency?

A

Neither and it does not involve permanency

20
Q

How do mixed claims commissions work?

A

They are established on an ad hoc basis to deal with large numbers of claims arises out of an internal or an international conflict.

21
Q

Who may bring claims to be settled?

A

Claims may be between nationals of one state and nationals of another state, or between nationals of one state and another state or between two states

22
Q

What is the predecessor of the ICJ?

A

The permanent court of international justice

23
Q

What was the permanent court of international justice?

A

The first permanent world court ever created by the international community open to all states with jurisdiction over all international disputes

24
Q

What is the other name for the permanent court of international justice?

A

World Court

25
Q

What does article 93(1) of the UN charter state?

A

That all members of the UN are automatically contracting parties to the statute of the ICJ

26
Q

What does article 94(1) of the UN charter say?

A

Each member of the UN is obligated to comply with decisions of the ICJ

27
Q

What is the function of the ICJ?

A

To decide cases on the basis of the law as it stands At the time of judgement

28
Q

What is the ICJ competent to decide?

A

Legal disputes only

29
Q

How many judges are on the ICJ?

A

15

30
Q

How many years do the ICJ judges hold office for?

A

9 years

31
Q

Can ICJ judges be from the same state?

A

No

32
Q

Can ICJ judges be re-elected

A

Yes

33
Q

How are ICJ judges elected?

A

By majority vote taking place simultaneously in the UNGA and the UNSC

34
Q

What kind of courts does the ICJ decide cases with?

A

A full court

35
Q

What is the ICJ quorum?

A

9 judges (excluding judges ad hoc)
However under the statute, the ICJ may form permanent or temporary chambers of three kinds - article 26(2)

36
Q

What must happen before a state becomes party to a case before the ICJ?

A

The state must have access to the court

37
Q

What are the three ways whereby a state may have access to the court?

A
  1. Member states of the UN have automatic access because they are ipso facto to the statute
  2. Non-members of the UN who want to become parties to the statute have to meet the conditions specified by the UNGA upon recommendation of the UNSC
  3. Non-members who are not parties und do not wish to become parties to the statute have to comply with conditions determined by UNSC resolution 9
38
Q

How does ICJ jurisdiction in contentions proceedings work?

A

Based on the consent of the parties to a dispute

39
Q

How is consent for ICJ jurisdiction given?

A
  1. Parties may conclude a special agreement known as a compromis under which they agree to an already existing dispute
  2. By virtue of a jurisdictional cause
  3. By express or tacit acceptance by the respondent state of the jurisdiction of the ICJ once the case has already been brought by the claimant state before the court
  4. By virtue of article 36(2) of the ICJ statute which confers on the a court the so-called compulsory jurisdiction - under this article a state may make a declaration recognizing the compulsory jurisdiction of the ICJ
40
Q

Which of the means for expressing consent for ICJ jurisdiction is known as forum prorgatum?

A

By express or tacit acceptance by the respondent state of the jurisdiction of the ICJ once the case has already been brought by the claimant state before the court

41
Q

Who is the possibility of the ICJ advisory jurisdiction open to?

A

Organs of the UN and international organizations

42
Q

What does article 96(1) of the UN charter allow for?

A

The UNGA and UNSC one entitled to request an advisory opinion

43
Q

What does article 96(2) of the UN charter allow?

A

Other organs and specialized agencies, when authorized by the UNGA may also make such a request.

44
Q

What is the purpose of the advisory role of the ICJ?

A

To provide legal advice in respect of the submitted matter, not settle the dispute

45
Q

What is article 65(1) of the statute state?

A

That an advisory opinion must be confined to a legal question and the court has the discretion to decline its jurisdiction on the ground of judicial propriety

46
Q

How does the defining of jurisdiction by judicial property work?

A

Not proper to give an opinion at the time
Example: if the case is already before the ICJ

Principles Of Public International Law (15 decks)

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