International Dispute Settlement Flashcards
Non-binding methods of IDS (international dispute settlement) - negotiation
When parties come together to discuss a dispute
- can be secret or public
- does NOT require a third party
- often occurs before/after/during litigation
➞ they try to do it before the ICJ
Mediation and ‘good offices’ ➞ non-binding IDS
A third party helps to resolve the disagreement ➞ this could be facilitating the communication, but also listening to both sides
good offices: the third party has less of a role & generally less of a formal procedure
➞ can be confidential
Inquiry - non-binding methods IDS
Process of information gathering
➞ establishment of an impartial record of fact
- it is organized to find out what happened, often used in conflict where both parties tell different stories
Now commonplace in the UN and UN agencies/bodies
Conciliation - non-binding method IDS
Involves 3rd party
- more formal procedure
- 3rd party will prepare and submit a non-binding report
- mixes elements of inquiry/mediation and good offices
- rare form
Binding methods of IDS
- Arbitration
- Adjudication
Arbitration - binding method IDS
➞ this has a long history in IL and is still very prominent part of it
temporary mechanism set up by a special agreement between parties. ➞ a tribunal set up, the parties determine all aspects of the proceedings, but both of them have to agree
- final decision made by arbitrators is binding on the parties and has legal force
the independence is questionable because they act for different countries
Adjudication
= the formal legal proceedings
- international courts and tribunals = permanent bodies (international organizations)
- power derive from their constitutive documents
- differ in their applicable law, procedures, practices etc
ICJ legal framework
➞ UN charter arts 92-96
➞ statue of the ICJ
➞ rules of court
