Week 7

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Questions and Answers

What is required for a dispute to be adjudicated by the ICJ?

A third-party state must intervene

Both parties must consent to the jurisdiction (correct)

Only one party must agree

No consent is necessary if it's a significant dispute

What distinguishes arbitration from adjudication?

Parties in arbitration have no influence on the panel composition.

Arbitration does not require consent from both parties.

Arbitration is often ad hoc and can be influenced by the parties. (correct)

Adjudication is a permanent court, while arbitration is temporary.

Which of the following statements about the ICJ is true?

The ICJ's jurisdiction is automatic for all disputes.

The ICJ replaced the PCIJ in 1946. (correct)

Opinions given by the ICJ are binding on all states.

The ICJ can hear cases involving individuals.

What is the first step in the stages of dispute at the ICJ?

Dispute Signup and view all the answers

In which jurisdiction does the ICJ provide advisory opinions?

Advisory jurisdiction Signup and view all the answers

What is the effect of a preliminary objection by a respondent state at the ICJ?

It suspends proceedings on the merits. Signup and view all the answers

What does 'jurisdiction ratione personae' refer to in the ICJ context?

Jurisdiction dependent on state consent. Signup and view all the answers

Which of the following is a key characteristic of judicial settlement at the ICJ?

The panel is composed solely by the ICJ. Signup and view all the answers

What is a dispute defined as?

A disagreement over a point of law or fact Signup and view all the answers

Which article of the United Nations Charter emphasizes the need for peaceful dispute resolution?

Article 2(3) Signup and view all the answers

Which of the following is NOT considered a method of diplomatic procedure?

Judicial Settlement Signup and view all the answers

What is the main role of mediation in dispute resolution?

To encourage a peaceful settlement between parties Signup and view all the answers

What is a key characteristic of the methods used in diplomatic procedures?

They are all non-binding in nature Signup and view all the answers

Which of the following methods is focused on fact-finding within disputes?

Inquiry Signup and view all the answers

According to Article 33 of the United Nations Charter, what should parties in a dispute prioritize?

Negotiation, enquiry, and other peaceful means Signup and view all the answers

What is an example of conciliation in diplomatic dispute resolution?

A third-party report offering solution proposals Signup and view all the answers

What is a compromis in the context of the ICJ?

A special agreement to submit a dispute to the ICJ Signup and view all the answers

Under what condition may provisional measures be indicated by the ICJ according to Art 41?

There must be a prima facie jurisdiction over the merits Signup and view all the answers

What does Art 63 ICJ Statute address?

The right of states to intervene in pending cases Signup and view all the answers

What is the effect of a judgment made by the ICJ according to Art 60?

Judgment is binding with no possibility of a higher appeal Signup and view all the answers

Which of the following is NOT a condition for the Court to indicate provisional measures?

Presence of international legal representation Signup and view all the answers

What does the Optional Clause under Art 36(2) ICJ Statute allow states to do?

Accept jurisdiction for a fixed period or permanently Signup and view all the answers

What is the primary purpose of the ICJ's advisory opinions as outlined in Art 65?

To provide legal guidance to international organizations Signup and view all the answers

Which factor is considered under admissibility of a case in the ICJ?

The nationality of complaints Signup and view all the answers

Study Notes

Peaceful Settlement of Disputes

A dispute is a disagreement over a point of law or fact, a conflict of legal views, or differing interests between parties, as seen in the Mavrommatis Palestine Concessions Case (1924 PCIJ).
Disputes can be settled through diplomatic procedures or adjudication.

Diplomatic Procedures

These methods are non-binding and include:
- Negotiation: The most common method, involving direct discussions between parties without third-party intervention.
- Mediation: A third party assists the disputing parties to reach an agreement and encourages peaceful settlement.
- Inquiry: A commission of reputable observers investigates the facts of the dispute.
- Conciliation: A third party prepares a report with suggestions for a solution. This can be preventative.

Binding Methods

Arbitration: A non-permanent process based on the consent of both parties. Parties can influence the composition of the panel and the applicable law.
Judicial settlement: A permanent process like the ICJ requiring both parties' consent, and is often established prior to disputes.

International Court of Justice (ICJ)

The ICJ replaced the PCIJ in 1946.
It's one of the six organs of the UN.
The ICJ Statute is part of the UN Charter.
It handles disputes exclusively between states.
Parties must consent to the ICJ's jurisdiction.
Jurisdiction can be established via a "special agreement" or "compromis", a jurisdictional clause in an existing treaty, or by accepting the Optional Clause under Article 36(2) of the ICJ Statute.

ICJ Jurisdiction

Article 36 of the ICJ Statute outlines the Court's jurisdiction, encompassing cases referred to it and matters specifically addressed in the UN Charter or treaties.
Two types of jurisdiction:
- Advisory Jurisdiction: Providing advisory opinions to international organizations.
- Contentious Jurisdiction: Settling legal disputes between states.

Stages of Contentious Cases

Dispute: The initial stage.
Preliminary Proceedings: Establishing jurisdiction and admissibility.
Interim measures are used to preserve rights of the parties while awaiting rulings in the main case, and are used for provisional measures.
Merits: Examining the substance of the case arguments, evidence, and witnesses.
Judgment: Final decision, binding on the parties.

Preliminary Proceedings: Jurisdiction and Admissibility

Only states can bring actions before the ICJ (Jurisdiction ratione personae).
Both parties must consent (Jurisdiction ratione materiae).
Preliminary objections can be used to challenge jurisdiction or admissibility; these suspend proceedings on the merits.
The ICJ can reject, uphold, or postpone its decision on preliminary objections.
Various methods to establish jurisdiction include special agreements (compromiss), clauses in treaties, or the optional clause.

Optional Clause (Article 36(2))

States can accept the ICJ's jurisdiction for a fixed period or permanently.
Acceptance is reciprocal, meaning a state can only be bound by another state's acceptance.
The clause can be terminated or modified.
States may place reservations on their acceptance.

Admissibility

The ICJ's Statute contains limited information on admissibility, but factors include: exhaustion of local remedies, nationality of complaints, and time factors.

Interim Measures

Aim to preserve rights of the parties pending the merits of the case.
Conditions include a prima facie jurisdiction over the merits, a logical link between the measures requested and rights protected, rights with plausible character, risk of irreparable prejudice exists, and a condition of urgency must be concretely met.

Third-Party Intervention

States can intervene in existing cases if a legal interest is affected by the case's decision, including cases related to treaty interpretation.

Merits

Parties present arguments regarding the interpretation of facts and law.
They present evidence and witnesses.

Judgment

The ICJ's judgments are binding and final, with no higher appeal.
States must comply with rulings or face possible repercussions.
Non-compliance can be addressed via the UN Charter's Article 94.
Failure to appear in court can be addressed via Article 53 of the ICJ Statute.
Compensation may be claimed if needed.
Claims can be withdrawn.

Advisory Opinions

The ICJ can provide advisory opinions to international organizations.
Specific bodies like Security Council, General Assembly and other organizations authorized by the Assembly can request such opinions.

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Test your knowledge about methods of settling disputes, including diplomatic procedures and binding methods like arbitration. Explore concepts from significant cases like the Mavrommatis Palestine Concessions Case and understand key terminologies in conflict resolution.