Public International Law - Lesson 9
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Questions and Answers

Which of the following methods involves direct contact between the parties to a dispute?

  • Mediation
  • Negotiation (correct)
  • Conciliation
  • Arbitration

    • What is a primary characteristic of arbitration in international law?

  • Its decisions are non-binding.
  • It resolves disputes based on international rights and duties. (correct)
  • It requires unanimous agreement from all parties.
  • It is always conducted by a judge.

    • Which method uses a neutral third party to facilitate negotiation?

  • Mediation (correct)
  • Negotiation
  • Commission of inquiry
  • Conciliation

    • Which of the following is NOT a characteristic feature of arbitration?

    <p>It does not involve any investigation of facts.</p> Signup and view all the answers

    Which process provides a report with recommendations but is not legally binding?

    <p>Commission of inquiry</p> Signup and view all the answers

    In which case was arbitration utilized in 1987?

    <p>Rainbow Warrior Case</p> Signup and view all the answers

    What distinguishes the conciliation process in international disputes?

    <p>It involves an independent body making recommendations.</p> Signup and view all the answers

    Which of the following distinguishes international judicial bodies from other dispute resolution methods?

    <p>They involve only inter-state conflicts.</p> Signup and view all the answers

    What is a primary reason for the success of arbitration?

    <p>Its ad hoc quality</p> Signup and view all the answers

    Which court succeeded the Permanent Court of International Justice (PCIJ)?

    <p>The International Court of Justice (ICJ)</p> Signup and view all the answers

    What does Article 35 of the ICJ Statute specify regarding access to the court?

    <p>Only States have access to the court</p> Signup and view all the answers

    Under what condition will the ICJ admit a case?

    <p>The dispute must be capable of being settled by international law</p> Signup and view all the answers

    What was the ruling of the ICJ regarding provisional measures in the La Grand case?

    <p>Provisional measures are binding</p> Signup and view all the answers

    Which article emphasizes the necessity for consent before the ICJ can resolve disputes?

    <p>Article 36(1)</p> Signup and view all the answers

    What is a key characteristic of the decisions made by both the PCIJ and the ICJ?

    <p>Both have equal authority in international law</p> Signup and view all the answers

    What does Article 93(1) of the UN Charter state about member States?

    <p>All member States are parties to the ICJ Statute</p> Signup and view all the answers

    What is the primary purpose of 'Vandenberg' reservations?

    <p>To limit jurisdiction to cases involving parties to the same multilateral treaty</p> Signup and view all the answers

    Which article of the UN Charter obligates member States to comply with ICJ's decisions?

    <p>Article 94(1)</p> Signup and view all the answers

    What does the ICJ lack in its decision-making process?

    <p>The doctrine of stare decisis or judicial precedent</p> Signup and view all the answers

    What can a State party do if another State fails to comply with an ICJ decision?

    <p>Submit the matter to the UNSC</p> Signup and view all the answers

    What is the status of Advisory Opinions issued by the ICJ?

    <p>They are not legally binding but often acted upon</p> Signup and view all the answers

    What major limitation does the optional clause impose on the ICJ's jurisdiction?

    <p>Jurisdiction only applies to parties' declarations that coincide</p> Signup and view all the answers

    What does forum prorogatum refer to?

    <p>It arises from the conduct of a respondent State identifying consent.</p> Signup and view all the answers

    How can the UNSC enforce an ICJ judgment?

    <p>If a complaint is submitted by the compliant party</p> Signup and view all the answers

    Which bodies are empowered to seek an Advisory Opinion from the ICJ?

    <p>The UNGA and UNSC, as authorized by the UN</p> Signup and view all the answers

    Which statement accurately describes the optional clause for jurisdiction?

    <p>It is only effective if both parties to a dispute have made declarations.</p> Signup and view all the answers

    What is a characteristic of 'Connally' reservations?

    <p>They enable States to deny jurisdiction in domestic matters.</p> Signup and view all the answers

    What is the purpose of time-barring reservations under the optional clause?

    <p>To prevent unforeseen litigation shortly after a declaration is made.</p> Signup and view all the answers

    Which of the following identifies a limitation of jurisdiction via the optional clause?

    <p>Parties involved must have mutually agreed to the jurisdiction clause.</p> Signup and view all the answers

    What is one key feature of reservations made by States under the optional clause?

    <p>They can mitigate the effects of jurisdiction in specific areas.</p> Signup and view all the answers

    Which scenario exemplifies the impact of a time-barring reservation?

    <p>A State is sued after 12 months of making a declaration.</p> Signup and view all the answers

    What distinguishes the UK regarding the optional clause among the permanent members of the UNSC?

    <p>It is the only permanent member maintaining an active declaration.</p> Signup and view all the answers

    Study Notes

    Public International Law - Lesson 9

    • The lesson covers judicial dispute resolution methods for international legal disputes between states
    • International legal disputes are resolved through peaceful means
    • Key entities involved include:
      • The International Court of Justice (ICJ)
      • The Permanent Court of International Justice (PCIJ)
      • UN Charter
      • UN Security Council (UNSC)
    • The ICJ is the primary judicial organ of the UN, acting based on the attached statute
    • The ICJ statute has articles that state the court's jurisdiction
    • States must consent to resolution of legal disputes through judicial means.
    • The International Court of Justice has certain requirements to accept a case:
      • The dispute must be a legal dispute, resolvable by applying international law
      • The court must have jurisdiction to decide the particular dispute
    • Interim (provisional) measures can be indicated by the Court if circumstances require. These measures aim to preserve the rights of either party.
      • The provisional measures are binding
      • A key case, La Grand, highlights the significance of provisional measures. The result shows the court's role in maintaining the existing state of affairs.

    Peaceful Settlement of International Disputes

    • Key instruments include Article 2(3) and Article 33 of the UN Charter. These articles emphasize settling disputes peacefully without jeopardizing international peace.
    • Article 33 details methods for conflict resolution: negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, regional agencies, and other peace-building processes.

    Negotiation, Mediation, Good Offices, and Commissions of Inquiry

    • Negotiation involves direct contact between conflicting parties
    • Mediation/Good Offices use a neutral third party for negotiation
    • Commissions of enquiry ascertain the factual basis of a dispute
      • Findings aid in negotiated settlements. Conciliation involves independent bodies to investigate, recommend solutions. Reports are non-binding.

    Arbitration

    • Arbitration has three key features in international law:
      • It resolves disputes by reference to international law.
      • Arbitral body decisions are legally binding on parties.
      • Parties choose the arbitrators.
    • Key examples of arbitration include: Alabama Arbitration, Island of Palmas Case, and Rainbow Warrior Case. A clear definition for arbitration is also included, explaining the process.

    ICJ and PCIJ

    • The International Court of Justice (ICJ) is the current international court.
    • The Permanent Court of International Justice (PCIJ) preceded the ICJ and played a critical role in establishing international law.
    • Functionally, the ICJ and PCIJ have the same authority in international law.

    ICJ Contentious Cases: Access to the Court

    • Only states can access the ICJ, subject to exceptions
    • Under the UN Charter, all member states are parties to the ICJ Statute.
    • Before a case is admitted, the ICJ must ensure the dispute is legal and the court has jurisdiction.

    Interim Protection Measures

    • The Court can issue provisional measures, when appropriate, to maintain the status quo during a dispute.
    • La Grand (1999) highlights how the ICJ's provisional measures are legally binding.

    Jurisdiction

    • Article 36(1) of the ICJ Statute requires state consent for judicial dispute resolution.
    • State consent can be expressed in various ways, including a special agreement, treaty clauses, and "forum prorogatum".

    Special Agreement (Compromis)

    • A special agreement between disputing states allows the ICJ to take jurisdiction (compromis).
    • An example discussed is the Maritime Delimitation and Territorial Questions Case (1994).

    Jurisdictional Clause in a Treaty

    • A treaty clause can grant the ICJ jurisdiction (Territorial Dispute case).
    • The 1955 treaty clause exemplified granted the ICJ jurisdiction for disputes.

    Forum Prorogatum

    • States' actions in the case can imply consent to the ICJ's jurisdiction (Certain Questions case).
      • The Djibouti v France dispute exemplifies this concept.

    Jurisdiction via the Optional Clause

    • States can declare their acceptance of compulsory jurisdiction through this clause (Article 36(2), ICJ Statute).
    • These declarations are typically unilateral. They are only valid between specific states accepting this system.

    'Connally' Reservations

    • The US "Connally" reservation excludes disputes primarily within its domestic jurisdiction.

    Time-barring Reservations

    • Some states exclude proceedings brought within a certain time frame.
    • A notable example discussed is the UK's exclusion of proceedings brought within 12 months of depositing their declaration.

    Reservations Relating to Particular States

    • Reservations might relate to specific states or Commonwealth nations.
    • States in certain organizations may have alternative approaches to resolving disputes that are less adversarial.

    Reciprocity and the Optional Clause

    • The optional clause's application depends on both states consenting bilaterally.
    • Other states' reservations can affect the scope of this clause.

    'Vandenberg' Reservations

    • This reservation asserts that for the optional clause to apply to a particular dispute, all relevant parties must be parties to the multilateral treaty in question.
      • Nicaragua case discussed as example

    Nature of ICJ Decisions

    • ICJ decisions are binding on the parties involved, but the court does not operate under a stare decisis system (precedent).
      • UNSC can enforce judgments.

    ICJ and UNSC

    • If a state fails to abide by an ICJ decision, the other party can address the UN Security Council.
      • The US's actions in the Nicaragua Case highlight a scenario where a complaint was raised but the US vetoed enforcement.

    ICJ Advisory Jurisdiction

    • The ICJ can offer non-binding advisory opinions to authorized bodies.
    • The Kosovo's independence decision is an example where the court provided an advisory opinion on the validity of declaration.

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    Public International Law Lesson 9 PDF

    Description

    This lesson focuses on the methods of judicial dispute resolution for international legal conflicts between states. Key institutions like the International Court of Justice (ICJ) and the Permanent Court of International Justice (PCIJ) play crucial roles in peaceful resolution under international law. Understanding consent, jurisdiction, and interim measures is essential for grasping international dispute resolution.

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