Peaceful Settlement of Disputes

Question 1

What are the articles on the peaceful settlement of disputes?

Answer 1

-Art. 2(4) Charter
-Art. 33 Charter

Question 2

What did the Nuclear Disarmament case conclude in terms of peaceful settlement of dispute?

Answer 2

• Dispute
  -both parties must be aware 2 exist

Question 3

List the diplomatic methods of dispute settlement

Answer 3

-Negotiations
-Inquiry
-Mediation
-Good offices
-Concilation

Question 4

What did the red crusader incident show about settlement of disputes

Answer 4

Example of inquiry

Question 5

Explain what good offices is

Answer 5

-Peaceful sett. dispute
-inclu. of 3rd party to ensure comm
-less act. than mediation

Question 6

What did the Beagle Channel dispute show about settlement of disputes?

Answer 6

-Pope John Paul gave good offices
-example of good offices

Question 7

Explain what conciliation is

Answer 7

-Mediation + inquiry
-usually thru commissions
-non-binding final report

Question 8

Explain what the East Timor case shows about settlement of disputes?

Answer 8

-Conciliation

Question 9

List the legal means of dispute settlement

Answer 9

-Arbitration
-Adjucation

Question 10

Explain what arbitration is

Answer 10

-state selects arbitrat.
-Submit dispute
-state choose one arbitrator each,
arbitrat. issues bind. dec.
-ad hoc

Question 11

Explain what adjudication is

Answer 11

-perm. judicial body
-ICJ

Question 12

What did the Island of Palmas case show about the settlement of disputes?

Answer 12

-Example of arbritration

Question 13

Explain what contentious jurisdiction is?

Answer 13

-State v. State

Question 14

Explain what advisory jurisdiction is?

Answer 14

-Advisory opinion

Question 15

TRUE or FALSE: advisory opinions are non-binding

Answer 15

TRUE

Question 16

What are the articles on access to the court

Answer 16

Art. 34-35(2) SICJ

Question 17

What does the Relocation of the US Embassy to Jerusalem case show about the settlement of dispute?

Answer 17

-US tried to withdraw optional protocol
-2 avoid case with Palestine
-takes a couple months to be in effect
-withdrew aft. subm.

Question 18

Explain what the compromis is

Answer 18

• Agreement for specific dispute
  -Art. 36(1)

Question 19

Explase what a compromissory clause is?

Answer 19

-Clause within another treaty which states icj jurisdiction over treaty matters

Question 20

Explain what an Optional Clause Declaration is

Answer 20

-Unilateral declaration
-list of topics of what you don’t accept jurisidiction in–> err thing else u accept
-Art. 36(20

Question 21

Explain what the reciprocity of Optional Clause Declarations mean?

Answer 21

-Either state in ICJ application can invoke the OCD of ech other

Question 22

Explain what forum prorogatum is

Answer 22

-if don’t have compromis, comissiory clause or OCD (outside treaty or OCD)
-can still give jurisdict. if show consent
-through actions
-or omissions (tacit consent)

Question 22

What did the Norwegian Loans Case show?

Answer 22

-Reciprocity

Question 23

What did the Kosovo case say about advisory opinions?

Answer 23

• state cannot ask
  -if want answe
  -go GA
  -request for question to be adopted