Intro to International Courts & Tribunals - ICJ, PCA, ITLOS - (Lecture 1)

Question 1

What are examples of non-legal methods of DS ? (4)

Answer 1

1/ negotiation
2/ inquiry 
3/ mediation
4/ conciliation
5/ etc.

Question 2

What are some of the different types of disputes ? (3)

Answer 2

1/ bilateral vs multilateral
2/ factual vs legal
3/ various subjects of dispute

Question 3

What are 2 characteristics of IL regarding DS ?

Answer 3

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

Question 4

What article of UN Charter provides for pacific settlement of disputes and what are its key aspects ? (5)

Answer 4

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

Question 5

Characteristics of arbitration and adjudication ? (3)

Answer 5

1/ legal methods of DS

2/ parties are bound by the outcome

3/ almost always involve application of legal rules by tribunal/court

Question 6

What is arbitration ?

Answer 6

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

Question 7

What is adjudication ?

Answer 7

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

Question 8

Reasons a State would opt for a legal method of DS when it might not like the binding outcome ? (5)

Answer 8

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

Question 9

What are some weaknesses of legal methods of DS ? (3)

Answer 9

1/ litigation does not mean settlement

2/ possibility of unforthcoming compliance

3/ judgements can provoke further disputes

Question 10

Why is ICJ unique among int judicial institutions ? (2)

Answer 10

1/ oldest standing int court

2/ breath of its jurisdiction (competent to rule on any issue relating to PIL)

Question 11

Composition ICJ bench ? (3)

Answer 11

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)

Question 12

Election process ICJ judges ? (6)

Answer 12

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

Question 13

Possibility of ad hoc judge in front of ICJ ?

Answer 13

yes if State party to the case does not have a judge of its nationality on the bench

Question 14

2 types of ICJ proceedings ?

Answer 14

1/ contentious jurisdiction

2/ advisory proceedings

Question 15

Characteristics of ICJ contentious jurisdiction ? (3)

Answer 15

1/ legal disputes

2/ submitted by States

3/ judgements are binding

Question 16

Characteristics of ICJ advisory proceedings ? (3)

Answer 16

1/ limited to legal questions (no AOs on legal disputes)

2/ submitted by UNGA, UNSC and specialized UN agencies

3/ AOs are not binding

Question 17

Contributions of 1872 Alabama Claims arbitration ?

Answer 17

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)

Question 18

Contribution of 1899 and 1907 The Hague Conventions concerning DS ?

Answer 18

Facilitate recourse of States to arbitration through creation of PCA

-> standing institution with a list of arbitrators and a set of rules

Question 19

Function of PCA ?

Answer 19

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

Question 20

What are the different sets of PCA rules ? (6)

Answer 20

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

Question 21

History of PCA activity ?

Answer 21

1/ active early years (1899-1920)

2/ period of dormancy (1920s/1990s)

3/ revival (1990s/2000s)

Question 22

UNCLOS general info + characteristics regarding DS ? (3)

Answer 22

1/ concluded in 1982

2/ 168 States party

3/ mandatory but flexible DS system (Part XV)

Question 23

Litigation choices laid out by Art. 287(1) of UNCLOS ? (4)

Answer 23

1/ ITLOS

2/ ICJ

3/ Annex VII arbitral tribunal

4/ Annex VIII special arbitral tribunal

Question 24

Default mechanism of DS under UNCLOS ?

Answer 24

Annex VII arbitral tribunal if States have not indicated a preference

Question 25

Composition Annex VII arbitral tribunal under UNCLOS ? (2)

Answer 25

5 arbitrators

1/ each State designates 1 arbitrator

2/ 3 other arbitrators selected by president of ITLOS or parties themselves

Question 26

Structure of ITLOS ? (6)

Answer 26

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

Question 27

Specialized chambers ITLOS ?

Answer 27

1/ Sea-Bed Disputes Chamber

2/ special chambers for specific categories of dispute

Question 28

Reasons for the revival of PCA ? (5)

Answer 28

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