Intro to International Courts & Tribunals - ICJ, PCA, ITLOS - (Lecture 1) Flashcards
What are examples of non-legal methods of DS ? (4)
1/ negotiation 2/ inquiry 3/ mediation 4/ conciliation 5/ etc.
What are some of the different types of disputes ? (3)
1/ bilateral vs multilateral
2/ factual vs legal
3/ various subjects of dispute
What are 2 characteristics of IL regarding DS ?
1/ no rule according to which States have to settle their disputes (discretion)
2/ if States decide to settle dispute, they have to do so peacefully
What article of UN Charter provides for pacific settlement of disputes and what are its key aspects ? (5)
Article 33 of UN Charter
1/ both non-legal and legal methods of DS
2/ spectrum of third party involvement
3/ no hierarchy btwn methods of DS
4/ DS methods can be pursued simultaneously
5/ list is indicative, other DS methods are also possible
Characteristics of arbitration and adjudication ? (3)
1/ legal methods of DS
2/ parties are bound by the outcome
3/ almost always involve application of legal rules by tribunal/court
What is arbitration ?
1/ procedure for binding settlement of dispute
2/ through application of legal rules
3/ by decision-makers who are selected by and with participation of disputing parties
What is adjudication ?
1/ procedure for the binding settlement of disputes
2/ through application of legal rules
3/ by decision-makers who are members of a permanent institution
Reasons a State would opt for a legal method of DS when it might not like the binding outcome ? (5)
1/ considers itself to have a strong legal case
2/ special agreement btwn States
3/ level the playing field for small & weak countries
4/ litigation can have effect of catalysing DS through negotiation
5/ provides gvts with political cover
What are some weaknesses of legal methods of DS ? (3)
1/ litigation does not mean settlement
2/ possibility of unforthcoming compliance
3/ judgements can provoke further disputes
Why is ICJ unique among int judicial institutions ? (2)
1/ oldest standing int court
2/ breath of its jurisdiction (competent to rule on any issue relating to PIL)
Composition ICJ bench ? (3)
1/ 15 judges + 1 registrar
2/ persons of high moral character, who possess the qualifications required in their respective home countries for appointment to the highest judicial offices, or jurisconsults of recognised competence in IL
3/ Court must represent main forms of civilization and principal legal systems of the world (which explains geographical distribution of seats of the bench)
Election process ICJ judges ? (6)
1/ 9 year terms
2/ re-election is possible
3/ nomination of candidates through National Group System (4 candidates selected by each State)
4/ simultaneous elections held by UNGA and UNSC
5/ absolute majority is necessary to be elected
6/ bench is renewed by 1/3 every 3 years
Possibility of ad hoc judge in front of ICJ ?
yes if State party to the case does not have a judge of its nationality on the bench
2 types of ICJ proceedings ?
1/ contentious jurisdiction
2/ advisory proceedings
Characteristics of ICJ contentious jurisdiction ? (3)
1/ legal disputes
2/ submitted by States
3/ judgements are binding
Characteristics of ICJ advisory proceedings ? (3)
1/ limited to legal questions (no AOs on legal disputes)
2/ submitted by UNGA, UNSC and specialized UN agencies
3/ AOs are not binding
Contributions of 1872 Alabama Claims arbitration ?
1/ claims concerning national honour can be settled through arbitration
2/ first prominent example of tribunal in which party-appointed arbitrators were in the minority (enhances credibility)
Contribution of 1899 and 1907 The Hague Conventions concerning DS ?
Facilitate recourse of States to arbitration through creation of PCA
-> standing institution with a list of arbitrators and a set of rules
Function of PCA ?
Create a list of arbitrators qualified to arbitrate State disputes
-> Each State appoints 4 individuals (National Group System)
( ! ) Flexibility here : other arbitrators can also be designated
What are the different sets of PCA rules ? (6)
1/ disputes btwn States
2/ disputes btwn States and non-State actors
3/ disputes btwn IOs and States
4/ disputes btwn IOs and private parties
5/ rules for conciliation
6/ rules for fact-finding
( ! ) Flexibility here : other rules can also be applied
History of PCA activity ?
1/ active early years (1899-1920)
2/ period of dormancy (1920s/1990s)
3/ revival (1990s/2000s)
UNCLOS general info + characteristics regarding DS ? (3)
1/ concluded in 1982
2/ 168 States party
3/ mandatory but flexible DS system (Part XV)
Litigation choices laid out by Art. 287(1) of UNCLOS ? (4)
1/ ITLOS
2/ ICJ
3/ Annex VII arbitral tribunal
4/ Annex VIII special arbitral tribunal
Default mechanism of DS under UNCLOS ?
Annex VII arbitral tribunal if States have not indicated a preference
Composition Annex VII arbitral tribunal under UNCLOS ? (2)
5 arbitrators
1/ each State designates 1 arbitrator
2/ 3 other arbitrators selected by president of ITLOS or parties themselves
Structure of ITLOS ? (6)
1/ 21 judges on bench
2/ terms of 9 years
3/ possibility of re-election
4/ recognized competence in field of LOS + qualities of fairness etc.
5/ specific geographical distribution
6/ appointment of judge ad hoc is possible
=> similar to ICJ structure
Specialized chambers ITLOS ?
1/ Sea-Bed Disputes Chamber
2/ special chambers for specific categories of dispute
Reasons for the revival of PCA ? (5)
1/ 1960s/1980s : conclusion of many treaties providing for arbitration as method of DS -> disputes could be brought under auspices of PCA
2/ revision of own rules (more accessibility + more acceptable)
3/ flexibility (attractive alternative to ICJ)
4/ usually faster procedures
5/ more confidential
