Session 4

Question 1

What are the 3 main levels of conflict of interest and tension?

Answer 1

Interstate relation: within an institutional framework; states vs other subjects

Question 2

What is the legal procedure of dispute resolution? broadly speaking

Answer 2

Identification of the claim, identification of the rights and obligations, analysis of the factual situation in te light of the law.

Question 3

What are the 2 techniques of conflict management?

Answer 3

Diplomatic procedures and adjudication.

Question 4

Define diplomatic procedures

Answer 4

attempt to resolve the disputes by the parties themselves, with the aid of a third party. Not legally binding.

Question 5

Define adjudication

Answer 5

Binding method of dispute settlement which is legally binding.

Question 6

What are the different diplomatic procedures?

Answer 6

Negotiation, Mediation, Good offices, inquiry, conciliation

Question 7

Define Negotiation

Answer 7

Discussion between the parties concerned in order to reconcile and understand divergent positions

Question 8

Mediation

Answer 8

Active participation of the 3rd party in the negotiatingg process, suggestion for a settlement

Question 9

Good offices

Answer 9

Influence the parties to enter to negotiation, involve a facilitator promoting and facilitating contacts between the parties in a conflict without becoming involved in the matter under negotiation.

Question 10

Inquiry

Answer 10

Ascertain precisely the factual matters underlying the dispute

Question 11

Conciliation

Answer 11

Combines 3rd party investigation of the basis of the dispute and presents a report with suggestions for a settlement.

Question 12

Different adjudicatin

Answer 12

Arbitration and international judicial procedure

Question 13

Arbitration

Answer 13

settlement of differences between states by judges of their own choice and on the basis of respect for law

Question 14

International judicial procedure:

Answer 14

settlement of legal differences by a permanent body of judges-professionals on the basis of international law and within the framework of fixed procedural forms.

Question 15

What are the function of the ICJ

Answer 15

Take care of legal disputes (contentious cases) submitted to it and advisory opinions (advisory proceedings)

Question 16

What is the ICJ composed of?

Answer 16

15 members, for a 9 years term

Question 17

When is it competent to entertain a dispute

Answer 17

Concluding a special agreement to submit the dispute to the court; by virtue of a juridicitonnal clause, through the reciprocal effect of the declarations forum prorogatum.

Question 18

Define forum prorogatum

Answer 18

instances in which a state unilaterally initiates proceedings before the ICJ and the other state by its conduct can be inferred to have consented.