Public International Law - Lesson 9

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The process where parties directly communicate to resolve a dispute.

A neutral third party helps parties reach a settlement.

An impartial body investigates a dispute's facts, providing a basis for negotiation.

An independent body examines a dispute and recommends solutions, but the recommendations aren't legally binding.

A method of resolving international disputes that involves: - Focusing on international legal rights and duties. - Legally binding decisions for the parties. - Parties choosing the decision-makers.

A historic case where a dispute over a ship was settled through arbitration.

A case where the ownership of an island was decided by arbitration.

A case involving a ship bombing and resolved through arbitration.

The International Court of Justice (ICJ) is the primary judicial organ of the United Nations, responsible for settling legal disputes between states.

The Permanent Court of International Justice (PCIJ) was the predecessor to the ICJ, established in 1920 under the League of Nations.

The ICJ Statute, adopted in 1945, created the ICJ.

Only states can bring cases before the ICJ.

The ICJ requires disputes to be legal in nature and within its jurisdiction in order to be heard.

Interim protection measures are temporary orders issued by the ICJ to prevent further harm during a case.

The ICJ's decisions on interim protection measures are considered legally binding, as ruled in the La Grand case.

States can use alternative dispute resolution within their organizations, avoiding ICJ litigation.

The Optional Clause only applies between states that have both declared acceptance. The ICJ only has jurisdiction where their declarations overlap.

A 'Vandenberg' reservation limits ICJ jurisdiction, requiring all parties to the dispute and the relevant treaty to be involved in the case.

The UN Charter obligates states to comply with ICJ decisions. Failure to comply can lead to UNSC intervention.

The ICJ does not follow precedent (stare decisis), but its judgments are legally binding on the parties.

The US exercised its veto to prevent UNSC action after refusing to comply with the ICJ's decision in the Nicaragua case.

Bodies like the UNGA and UNSC can seek Advisory Opinions from the ICJ. These opinions are not legally binding.

Advisory Opinions must address legal questions, even if political aspects are present. The ICJ's role is to resolve legal disputes.

Consent to the jurisdiction of the ICJ can be expressed through various means, including special agreements, jurisdictional clauses in treaties, forum prorogatum, and the optional clause.

Forum prorogatum refers to the situation where a state's conduct indicates its consent to the jurisdiction of the ICJ.

Article 36(2) of the ICJ Statute allows states to make declarations accepting compulsory jurisdiction in certain situations. This means they agree to be bound by the Court's decisions in specified cases.

While the optional clause allows for compulsory jurisdiction, states are not obligated to make declarations. Therefore, jurisdiction under this provision is not mandatory.

A Connally reservation allows a state to exclude the ICJ's jurisdiction in matters deemed to fall within its domestic jurisdiction.

Time-barring reservations limit the time period within which a case can be brought before the ICJ. These reservations aim to prevent sudden and unexpected lawsuits.

Some states may exclude specific countries from the scope of their optional clause declarations, preventing certain types of disputes from being brought before the ICJ.

Optional clause declarations are unilateral acts, meaning they are made by a single state, but they only have legal effect bilaterally, meaning they apply only when both parties in a dispute have made such declarations.