International dispute Flashcards
What is an international dispute?
- a disagreement on a point of law or fact, a conflict of legal views or of interests between two persons (states)
- term used to describe the disagreements of States in the course of their dealings.
What are the types of settling an international dispute?
Peaceful methods
Hostile methods
How many and what are the peaceful methods are there in settling an international dispute?
8
1. negotiation
2. inquiry
3. mediation
4. concilation
5. good offices
6. arbitration
7. judicial settlement
8. resort to international/regional organizations
What is a negotiation?
A DIALOGUE BETWEEN TWO OR MORE PEOPLE OR PARTIES INTENDED TO REACH A MUTUALLY BENEFICIAL OUTCOME, RESOLVE POINTS OF DIFFERENCE, TO GAIN ADVANTAGE FOR AN INDIVIDUAL OR COLLECTIVE, OR TO CRAFT OUTCOMES TO SATISFY VARIOUS INTERESTS.
What is an an inquiry?
also called “fact-finding”, involves a court or other official body in ruling on a disputed issue of fact without imposing a settlement in the broader dispute. A recognized form of international dispute settlement through the process of elucidating facts, given that it is the varied perceptions of these facts that often give rise to the dispute in the first place.
What is a mediation?
A process through which an outside party (third party) endeavors to bring the disputants together and assist them in reaching a settlement. A mediator is expected to offer concrete proposals for a solution and settlement of substantive issues related to a dispute. However, a mediator’s proposal is nothing more than a recommendation. It has no binding force on either disputant. Mediators (third party) does the negotiation for the parties in dispute.
What is a concilation?
a process of settling a dispute by referring it to a specially constituted organ whose task is to elucidate the facts and suggest proposals for a settlement to the parties concerned.
What is a good office?
A third party attempts to bring the disputants together to make it possible FOR THEM to find an appropriate settlement to their differences through their negotiations. May be utilized only with the agreement or consent of both disputants. Third party only brings the disputing parties together for negotiation.
What is a good office?
A third party attempts to bring the disputants together to make it possible FOR THEM to find an appropriate settlement to their differences through their negotiations. May be utilized only with the agreement or consent of both disputants. Third party only brings the disputing parties together for negotiation.
What is an arbitration?
a technique for the resolution of disputes outside courts. The parties to a dispute refer it to arbitration by one or more persons (“arbitrators”, “arbiters” “arbitration tribunal”. A third party reviews the evidence in the case and imposes a decision that is LEGALLY BINDING on both sides and enforceable in the courts. Often used in the resolution of commercial disputes.
What is an arbitration?
a technique for the resolution of disputes outside courts. The parties to a dispute refer it to arbitration by one or more persons (“arbitrators”, “arbiters” “arbitration tribunal”. A third party reviews the evidence in the case and imposes a decision that is LEGALLY BINDING on both sides and enforceable in the courts. Often used in the resolution of commercial disputes.
What is an judicial settlement?
WHEN STATES CANNOT AGREE ON HOW TO SETTLE THEIR DISPUTES AMICABLY OUTSIDE OF COURTS, THEY REESORT TO JUDICIAL SETTLEMENT IN INTERNATIONAL TRIBUNALS IN ACCORDANCE WITH THE RULES OF INTERNATIONAL LAW. (Ex: ICC, ICJ, ITLOS, UNCLOS)
What is “resort to internatinal/regional organizations”?
MEMBERS OF UNITED NATIONS SHALL MAKE EVRY EFFORT TO ACHIEVE PACIFIC SETTLEMENT OF LOCAL DISPUTES THROUGH REGIONAL ARRANGEMENTS OR REGIONAL AGENCIES BEFORE REFERRING THEM TO THE SECURITY COUNCIL (Ex: WTO. Since 1995,616 disputes have been brought to the WTO and over 350 rulings have been issued.)
How many and what are the hostile methods in international dispute?
9
1. serverance of diplomatic relations
2. retorision
3. reprisal
4. embargo
5. boycott
6. non-intercourse
7. blockade
8. pacific blockade
9. intervention
What is a severance of diplomatic relations?
INTENTIONAL CESSATION OF NORMAL DIPLOMATIC RELATIONS BETWEEN TWO STATES. (US and Iran)
