IM Unit 6 Reference.pptx - International Dispute Settlement Mechanism MEANING • Disputes • A disagreement on a point of law or fact a conflict of

IM Unit 6 Reference.pptx - International Dispute Settlement...

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International Dispute Settlement Mechanism
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MEANING Disputes A disagreement on a point of law or fact, a conflict of legal views or interest between the parties. International Disputes a disagreement that arises between states concerning their relations with one another and with other states. Business disputes are increasingly becoming multi- jurisdictional and multi-party in nature. For overseas disputes, you need an international team of lawyers with wide-ranging commercial experience; a team that understands both domestic and foreign law in depth. And one that can offer you a seamless service and excellent practical advice.
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Kinds of Disputes Political Disputes Non- justiciable , political or non-legal issues Legal disputes Involves not only questions of law but also the law itself
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PACIFIC SETTLEMENT OF DISPUTES Art.33 of the UN Charter provides for the means of settling disputes: 1. Negotiation 2. Enquiry 3. Mediation 4. Conciliation 5. Arbitration 6. Judicial settlement 7. Resort to regional agencies or arrangements 8. Other peaceful means of their own choice
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1. NEGOTIATION Settlement of disputes by direct discussions or exchange of views through diplomatic representatives
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2. ENQUIRY Ascertainment of pertinent facts and issues in a dispute Use of effective fact-finding bodies in accordance of Art.33 of the Charter
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3. MEDIATION Settlement of disputes undertaken by a third state, group of state, an individual, an agency or an international organisation. Offers concrete proposals for statement of substantive questions.
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4. CONCILIATION The process of adjusting or settling disputes in a friendly manner through extra judicial means. Conciliation means bringing two opposing sides together to reach a compromise in an attempt to avoid taking a case to trial
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5. ARBITRATION Resolution of differences between states through a legal decisions of one or more umpires or of a tribunal chosen by the parties
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6. RESORT TO REGIONAL AGENCIES OR ARRANGEMENTS Regional arrangements Agreements under which states of a region undertake to regulate their relations with respect to the question of the settlement of disputes. Regional agencies Regional international organizations created by regional multilateral treaties under a permanent institution with international legal personality to perform broader function in the field of the maintenance of peace and security, including the settlement of disputes.
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7. JUDICIAL SETTLEMENT Submitting a dispute to a pre- constituted international court or tribunal composed of independent judges whose tasks are settle claims on the basis of international law and render decisions which are binding upon the parties.
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WORLD TRADE ORGANISATION (WTO) The World Trade Organisation (WTO) is the only global international organisation dealing with the rules of trade between nations.
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  • Fall '19
  • Mallika Sankar

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