8 Questions
According to the PCIJ Judgment 26/3/1925, what is the definition of a dispute?
All of the above
What must be the nature of a disagreement for it to be considered an international controversy?
Both A and B
If one of the above-mentioned peaceful means fails to reach a solution, the parties involved must continue to seek settlement of the dispute by other peaceful means.
True
What is a notable characteristic of arbitration in the jurisdictional settlement of disputes?
It is malleable and easily adaptable
When can a dispute be submitted to arbitration or judicial settlement?
Only if the parties agree
Which of the following best describes international arbitration?
A process of dispute settlement between subjects of international law, carried out by arbitrators chosen by the parties
Which of the following is NOT true about international arbitration?
It is currently undergoing a process of decreasing revitalization
In addition to disputes between states, which of the following is true about the application of international arbitration?
It has been applied to disputes between states and other subjects of international law
Study Notes
Definition of a Dispute
- A dispute is defined as "a disagreement on a point of law or fact, a conflict of legal views or interests between two persons" (PCIJ Judgment 26/3/1925)
Conditions for International Controversy
- For a disagreement to be considered an international controversy, it must involve a clash of views or interests between two or more states
- The disagreement must be of a legal nature and concern a point of law or fact
Peaceful Settlement of Disputes
- If one peaceful means fails to reach a solution, parties must continue to seek settlement by other peaceful means
- This is a mandatory requirement for the peaceful resolution of international disputes
Jurisdictional Settlement of Disputes
- Arbitration is a notable characteristic of jurisdictional settlement of disputes
- Arbitration involves submitting disputes to a neutral third party for a binding decision
International Arbitration
- Can be used to settle disputes between states
- Can be used to settle disputes between a state and an international organization
- Can be used to settle disputes between a state and a private party
- Is a flexible and adaptable process
- Is based on the consent of the parties involved
Characteristics of International Arbitration
- Is a voluntary process
- Is a neutral process
- Is a binding process
Test your knowledge of international disputes and their peaceful settlement with this quiz. Explore the notion of controversy, conflicts, and their impact on international peace and security. Learn about the different parties involved and the strategies used to resolve these disputes.
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