E-: International Dispute Settlement
18 important questions on E-: International Dispute Settlement
What are the 3 ways of dispute settlement?
- UN SC actions not-involving force
- Non-diplomatic methods (legal methods)
- Diplomatic methods (non-legal methods)
Does international law require states to settle their disputes?
In which two main categories can the methods of dispute settlement be divided?
- Diplomatic methods
- Non diplomatic methods --> legal
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In which article can the diplomatic and non-diplomatic methods of dispute settlement be found?
What is one of the advantages of "negotiation"?
What does the legal obligation to enter negotiations in " good faith" mean?
- States have the obligation to meaningfully engage and not just go through the motions
- States are obliged to not jeopardize the process
In which cases has de ICJ ruled that negotiations should be entered into good faith?
- North Sea Continental Shelf - meaningfully engage
- Nuclear Weapons
What does the following four methods of diplomatic settlement have in common: good offices, mediation, enquiry, conciliation
What does "offering good offices" mean?
What is the most important difference between a mediator and a conciliator?
Which 3 measures can the UN take to maintain or restore collective security?
- Provisional measures (art. 40 UN Charter)
- Measures not-involving force (art. 41 UN Charter)
- Measures involving force (art. 42 UN Charter)
Which two types of sanctions not-involving force are stated in art. 41 UN Charter?
- Smart sanctions that address individuals, companies, governmental entities
- Severance of diplomatic relations
What is meant with 'activation' before any action can be taken to restore international peace and security?
What are the three legal (non-diplomatic) methods of dispute settlement?
- Arbitration
- Adjudication
- Quasi-judicial bodies
What is the similarity between arbitration and adjudication?
What is the difference between arbitration and adjudication?
What are the ways for parties to give consent so that the ICJ has jurisdiction?
- By compromis or special agreement
- By a compromissory clausule in a treaty
- By an optional clausule
- Forum prorogatum
What can the ICJ rule at the end of a case?
2) The Court can also confine itself to issuing a declaratory judgment which operates from the presumption that the finding that one party had breached the law.
3) Mostly though, the outcome of cases is some form of settlement (for instance, in a boundary delimitation dispute, the Court can establish the boundary).
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