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Questions and Answers
According to the PCIJ Judgment 26/3/1925, what is the definition of a dispute?
According to the PCIJ Judgment 26/3/1925, what is the definition of a dispute?
- A disagreement on a point of law or fact
- A contradiction
- An opposition of legal theses or interests
- All of the above (correct)
What must be the nature of a disagreement for it to be considered an international controversy?
What must be the nature of a disagreement for it to be considered an international controversy?
- It must arise between subjects of international law
- It must be expressed in an objective and externalized form
- Both A and B (correct)
- None of the above
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.
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.
- Not mentioned in the text
- True (correct)
- False
- Unclear
What is a notable characteristic of arbitration in the jurisdictional settlement of disputes?
What is a notable characteristic of arbitration in the jurisdictional settlement of disputes?
When can a dispute be submitted to arbitration or judicial settlement?
When can a dispute be submitted to arbitration or judicial settlement?
Which of the following best describes international arbitration?
Which of the following best describes international arbitration?
Which of the following is NOT true about international arbitration?
Which of the following is NOT true about international arbitration?
In addition to disputes between states, which of the following is true about the application of international arbitration?
In addition to disputes between states, which of the following is true about the application of international arbitration?
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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
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