7- Intl Courts Flashcards
peaceful settlement of disputes options
- negotiation
- enquiry
- mediation
- conciliation
- arbitration
- judicial settlement
negotiation
doesn’t involve judges
most common
judicial settlement
resort to regional agencies or other peaceful means of their own choice.
oldest permanent body for the settlement of peaceful disputes
Permanent Court of Arbitration
is the permament court of arbitratoin a court?
NO PCA IS NOT A COURT
are teh tribunals that the permanent court of arbitration creates permanent?
NO PCA DOESN’T CREATE PERMANENT TRIBUNALS
aim of PCA
facilitates arbitration by providing a permanent administrative structure in which parties can organize tribunals.
similarity between *arbitration *and judicial settlement through courts
both issue binding decisions
both apply IL
both use independent decision-makers
Difference between courts and tribunals in consent.
In tribunals, consent is given on a case-to-case basis. (generally) each time you have a dispute you have a new agreement to have a tribunal.
are arbitrary tribunals flexible?
YES, parties get to choose the arbitrators.
They’re ad-hoc convened ACC to specific disputes.
Are tribunals more secretive?
YES, they don’t publish much
courts usually publish more.
how is the PCA organized?
each contracting state nominates up to four people who’s name goes to a list.
when there’s a dispute they choose one/ more arbitrators from the list
is there an option to appeal in PCA
NO
can individuals go to the PCA
if the treaty says so YES.
Where is the PCA based and when was it created?
Based in The Hague, created by the Hague Convention in 1899
Define PCA
PCA is an organization that facilitates arbitrations by providing a permanent administrative structure in which parties can resolve disputes.
process of PCA (4)
- each party nominates 4 arbitrators to be put in a list.
- when dispute arises, both parties choose one from the list
- a tribunal is set under the PCA which hears cases, and makes a decision
- decisions is BINDING and NO APPEAL (unless corruption)
what is the default option for sea disputes according to UNCLOS
PCA
What law does the PCA apply?
IL and specific principles parties agreed on.
When was the ICJ created?
Created in 1920 as part of LoN; changed name after creation of UN
Unlike the PCA, the ICJ only deals with…
States (and UN) as parties (but they can represent individuals)
Is that ICJ ad hoc or permanent?
Permanent
how are the judges of the ICJ selected? 4
ICJ judges are elected by the UNGA & SC
Candidates need an absolute majority from both bodies to be elected.
There are 15 judges serving nine-year terms.
The selection process aims for diversity in legal systems and geographic representation.
what happens when a country in dispute doesn’t have someone from their nationality ? (ICJ)
there’s one ad hoc judge that can be appointed.
3 types of jurisdiction by ICJ
- contentious issues
- incidental jurisdiction
- advisory opinions
contentious jurisdiction are cases…
between states seeking to settle disputes according to law.
judge situation in contentious jurisdiction
judges generally sit in full bench (all of them) but in recent years they also formed chambers (subsets of judges)
in contentious issues, both parties need to agree to the 1 and 2 of the case for it to proceed in the ICJ
1- jurisdiction
2- admissibility
agreeing on jurisdiction
parties have agreed to ICJ hearing the case
agreeing on admissibility
local remedies have been exhausted- ICJ is a court of last resort.
agreeing on admissibility
local remedies have been exhausted- ICJ is a court of last resort.
what are the 3 ways of recognizing ICJ jurisdiction?
- compromis specialis (case by case)
- compromisory clause in relevant treaty
- optional clause- FULL acceptance.
What is incidental jurisdiction?
a court has the power to do extra things during and let other people who are not part of the case join in
Why are some critical of advisory opinions jurisdiction?
can be used as a backdoor to bring disputes to the ICJ in the absence of state consent
- e.g Palestinian wall case.
Name 5 ad hoc international criminal tribunals related to specific events
- International Military Tribunal (Nuremberg)
- International Military Tribunal for the Far East
- International Criminal Tribunal for the former Yugoslavia
- Rwanda
Main 2 principles of the ICC
- COMPLEMENTARITY
- GRAVITY
explain COMPLEMENTARITY as a principle of the ICC
states are unwilling/ unable to prosecute
ICC is the last resort
explain GRAVITY as a principle of the ICC
the MOST serious crimes
what are remedies? ICJ
a declaration that the other party was in the wrong
the ICJ may order a party to stop doing something illegal or in violation of IL, and/or to provide some form of compensation to the other party.
Are the decisions of the ICJ binding?
binding only on the parties involved in the case, but they can have broader influence and impact.
how’s compliance with ICJ
pretty good because states only go to the ICJ if they accept its jurisdiction in the first place!
compare how judges are selected in ICJ and PCA
ICJ -> One court with 15 judges elected by the UN General Assembly and Security Council
PCA -> A registry and a list of arbitrators and conciliators nominated by member states
Temporal Jurisdiction of ICC
Applies only to actions after 1st of July 2002 - Rome Statue (except for crime of aggression)
how do cases come to the ICC? (3)
- Referal by a state party.
- UNSC Referral
- Proprio motu -> the ICC prosecutor initiates without waiting for a referral
Jurisdictional requirements to be judged in the ICC
- the accused being a national of a state party to the Rome Statute OR the crime being committed on the territory of a state party.
can pre trial chember issue arrest warrants or summons
YES
who can conduct criminal trial?
TRIMINAL CHAMBER
who hears appeals against conviction?
APPEAL CHAMBER
procedure of ICC
Prosecutor assesses jurisdiction + complementarity and gravity
Pre-Trial Chamber issues summons or arrest warrants
Trial Chamber conducts criminal trial
Verdict and sentencing (no death sentence) + reparations
Appeals Chamber hear appeals against conviction, sentence, or acquittal
define interstate dispute resolution
conducted by government officials who represent their countries
define transnational dispute resolution
involves actors not directly representing a country being involved. (aka private actors)
how does legalization affect interstate dispute resolution
promote stability and cooperation by providing a clear framework for resolving disputes
can also limit the flexibility of states
how does legalization affect transnational dispute resolution?
legalization can provide a level of legitimacy and accountability
