International Dispute Settlement - Copy.pdf - UNCArt2(3)expandedin Article33 , andsecurity,shall,firstofall,seekasolutionby negotiation,enquiry,medi

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Unformatted text preview: International Dispute Resolution Peaceful Dispute Settlement UNC Art 2(3) expanded in Article 33 The parties to any dispute, the continuance of which is likely to endanger the maintenance of international peace and security, shall, first of all, seek a solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice. The Security Council shall, when it deems necessary, call upon the parties to settle their dispute by such means. Group work: Peaceful Dispute resolution 1) Define 2) pros and cons of 3) example of: • Negotiation • Good Offices and Mediation • Inquiry • Conciliation • Arbitration • Regional agencies/arrangements Role of Security Council Arts 34, 35, 36, 37, 38 UN Photo/Kim Haughton The International Court of Justice Standing before the ICJ ICJ: Contentious Jurisdiction Compétence de compétence Art 36(6) ICJ Statute In the event of a dispute as to whether the Court has jurisdiction, the matter shall be settled by the decision of the Court. ICJ: Contentious Jurisdiction Article 36 1. The jurisdiction of the Court comprises all cases which the parties refer to it….. ICJ: Contentious Jurisdiction Article 36 1. …and all matters specially provided for in the Charter of the United Nations or in treaties and conventions in force. Art 37 where treaty refers to tribunal instituted by LN, or PCIJ, refer to ICJ ICJ: Contentious Jurisdiction Art 36 2. The states parties to the present Statute may at any time declare that they recognize as compulsory ipso facto and without special agreement, in relation to any other state accepting the same obligation, the jurisdiction of the Court in all legal disputes…. ICJ: Contentious Jurisdiction Art 36 3. The declarations referred to above may be made unconditionally or on condition of reciprocity on the part of several or certain states, or for a certain time. Reservations to Compulsory Jurisdiction ‘disputes with regard to matters which are essentially within the domestic jurisdiction of the United States of America as determined by the United States of America’ (Connally reservation/self‐judging reservation) Domestic jurisdiction Art 2(7) UNC Norwegian Loans (France v Norway) ICJ 1957 Reservations to Compulsory Jurisdiction Acceptance does not apply to disputes arising under a multilateral treaty, unless (1) All parties to the treaty affected by the decision are also parties to the case before the Court… (Vandenberg reservation) Nicaragua v US (jurisdiction) (1984) Third States East Timor (Portugal v Australia) (1995) ICJ Third States Nauru v Australia 1992 ICJ Legacy of phosphate mining on Nauru Image: Al Jazeera ICJ: Contentious Jurisdiction Forum prorogatum Art 38(5) Rules of the Court (1978) Eg Mutual Assistance (France v Djibouti) 2008 ICJ ICJ: Provisional Measures LaGrand case (Germany v US) (2001) ICJ Statute, Article 41: 1. The Court shall have the power to indicate, if it considers that circumstances so require, any provisional measures which ought to be taken to preserve the respective rights of either party. 2. Pending the final decision, notice of the measures suggested shall forthwith be given to the parties and to the Security Council. In French: 1. La Cour a le pouvoir d'indiquer, si elle estime que les circonstances l'exigent, quelles mesures conservatoires du droit de chacun doivent être prises à titre provisoire. 2. En attendant l'arrêt définitif, l'indication de ces mesures est immédiatement notifiée aux parties et au Conseil de sécurité. Irreparable prejudice Bosnia Herzegovina v Yugoslavia (Prov Measures) ICJ 1993 Interim Measures are binding Armed Activities (DRC v Uganda) ICJ 2005 Legal Effect of judgments Art 96 UNC Art 59 ICJ Statute LaGrand ICJ: Advisory Jurisdiction Article 65 1. The Court may give an advisory opinion on any legal question at the request of whatever body may be authorized by or in accordance with the Charter of the United Nations to make such a request. Nuclear Weapons 1996 ICJ and Security Council Lockerbie case (Libya v UK and US) ICJ (1992) ...
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  • International Law, iCj, Al Jazeera, Phosphate, contentious jurisdiction, ICJ Statute

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