T5 Enforcement of IL

Question 1

What are the three ways of dealing with international disputes?

Answer 1

1. Peaceful settlement of disputes
2. Direct action through UNSC (force)
3. Judicial methods.

Question 2

What are the ways of peacefully settling disputes?

Answer 2

1. Negotiation
2. Mediation
3. Conciliation
4. Inquiry

Question 3

What is international peace and security?

Answer 3

A condition where nations coexist without resorting to conflict, violence or war.

Question 4

How is international peace and security ensured?

Answer 4

1. Conflict prevention
2. Conflict resolution
3. Post-conflict peacebuilding

Question 5

Which provision regulates the peaceful settlement of disputes?

Answer 5

Article 33 of the UN Charter

Question 6

What is the 1982 Declaration on Peaceful Settlement of Disputes?

Answer 6

Declaration that recognises the need to exert utmost efforts in order to settle any conflict and dispute between states exclusively by peaceful means.

Question 7

What is the role of the mediator ito article 3 of the Convention for the Pacific Settlement of Disputes?

Answer 7

That of reconciling the opposing claims.

Question 8

What does Article 1 of the Regulations on Procedure of International Conciliation hold?

Answer 8

Conciliation is a process by which an impartial 3rd party assists the parties in dispute to reach a mutually acceptable agreement with the conciliator’s role being that of facilitating negotiations and proposing solutions without binding the parties to a particular outcome.

Question 9

What is negotiation?

Answer 9

A direct dialogue between the parties involved in a dispute which allows them to discuss their differences and seek a mutually acceptable solution. Informal.

Question 10

What are the characteristics of negotiation?

Answer 10

1. Voluntary process
2. Flexibility
3. Confidentiality
4. Objective is to reach agreement

Question 11

What is mediation?

Answer 11

Involves a neutral third party who facilitates discussions between the disputing parties to help them reach a resolution. Mediator does not impose a solution but guides the process.

Question 12

What are the characteristics of mediation?

Answer 12

1. Neutral third party
2. Non-binding
3. Structured process

Question 13

What is conciliation?

Answer 13

Requires consent by the parties to refer the dispute to a group of individuals or an institution who will investigate source of dispute. It is formalised mediation.

Question 14

What are the characteristics of conciliation?

Answer 14

1. Neutral third party
2. Non-binding recommendations
3. Formal process
4. Focus on relationship
5. Use of reports

Question 15

What is an inquiry?

Answer 15

An investigative process where a 3rd party examines the facts of the dispute and issues a report. Used when the parties seek a clear understanding of the situation rather than a binding resolution. Impartial fact-finding mechanism that may be in the form of a Commission of Inquiry.

Question 16

What are the characteristics of inquiry?

Answer 16

1. Fact-finding
2. Recommendations
3. Transparency.

Question 17

What is arbitation?

Answer 17

A quasi-legal method of resolving disputes where disputes are submitted to one or more arbitrators who make a binding decision.

Question 18

What are the characteristics of arbitration?

Answer 18

1. Binding decision
2. Established rules
3. Expertise
4. Not subject to appeal

Question 19

What are the three types of international arbitration agreements?

Answer 19

1. Arbitral clause contained in a treaty
2. Arbitral agreements for future disputes
3. Arbitral agreements that are concluded after a dispute arises and which the parties are not able to solve through other means

Question 20

What is the ICJ?

Answer 20

The principal judicial organ of the UN which is mandated to resolve disputes arising between states on the basis of IL.

Question 21

What are the characteristics of the ICJ?

Answer 21

1. Only permanent international court with general jurisdiction
2. Only state that are parties to the statute can appear before the court
3. Jurisdiction is based on the consent of the states involved
4. 15 judges
5. Both contentious and advisory jurisdiction

Question 22

What are the 3 ways of expressing consent to ICJ’s jurisdiction?

Answer 22

1. Special agreement
2. Treaty provisions
3. Optional clause.

Question 23

What is special agreement?

Answer 23

Where states enter into a specific agreement to submit a particular dispute to the court, outlining the issues to be adjudicated.

Question 24

What is treaty provisions?

Answer 24

Where States ratify international treaties that include clauses that allow for disputes arising from the interpretation or the application of the treaty to be submitted to the ICJ, they consent to the court’s jurisdiction for issues related to those treaties.

Question 25

What is the optional clause?

Answer 25

Under Article 36(2) of the ICJ statute, States may declare that they recognise the Court's jurisdiction as compulsory in all legal disputes concerning specific categories of issues, provide that other states make similar declarations.

Question 26

Which provision deals with the 3 ways of consenting to ICJ's jurisdiction?

Answer 26

Article 36 of ICJ statute.

Question 27

What is the role of the UNSC?

Answer 27

1. Can recommend procedures or methods for peaceful dispute settlement 2. Can take measures to maintain or restore international peace and security if peaceful methods fail

Question 28

What is the UN General Assembly?

Answer 28

1. Can make recommendations on any question relating to international peace and security 2. Can refer disputes to the ICJ for advisory opinions

Question 29

What is the UN Secretary-General?

Answer 29

1. Offers mediation 2. Plays a diplomatic role in conflict resolution

Question 30

What are the challenges and considerations in the grand scheme of things in terms of international peace and security?

Answer 30

1. Sovereignty and non-intervention 2. Compliance and enforcement 3. Political will and power dynamics 4. Resource and capacity constraints

Question 31

Which provisions prohibits the use of force?

Answer 31

Article 2(4) of the UN Charter

Question 32

What does Article 2(4) of the UN Charter do?

Answer 32

It prohibits use of force and centralises control over the use of force in the UNSC

Question 33

What are the exceptions to the prohibition on the use of force?

Answer 33

1. Self-defence 2. Approval from UNSC

Question 34

What is the scope of self-defence?

Answer 34

Both anticipatory self-defence and intervention to protect nationals

Question 35

What are the conditions for lawful self-defence?

Answer 35

1. Armed attack 2. Necessity 3. Proportionality

Question 36

What is the element of armed attack?

Answer 36

It must be of a significant scale and effect, consisting of substantial acts of force.

Question 37

What is the element of necessity?

Answer 37

Response must be necessary and no reasonable alternative.

Question 38

What is the element of proportionality?

Answer 38

1. Should not exceed what is necessary to repel attack and restore security 2. Objective of response should be limited to repelling the attack and preventing further harm 3. Scale and intensity should correspond to the scale and intensity of the attack 4. Self-defence should be limited to the period in which the threat exists.

Question 39

Which provision deals with self-defence?

Answer 39

Article 51 of the UN Charter

Question 40

What is the UNSC authorisation exception to the prohibition on the use of force?

Answer 40

1. UNSC determines the existence of any threat to the peace, breach of peace or an act of aggression (Article 39) 2. Authorises the use of force to maintain or restore international peace and security if non-forceful measures are inadequate. (Article 42)

Question 41

What is the foundation of the UNSC's authority?

Answer 41

Chapter 7 of the UN Charter .

Question 42

What is the procedure for UNSC authorisation to use force?

Answer 42

1. Identification of a threat 2. Explore non-military options first 3. Authorisation of force under Article 42 of UNC, resolution passed by SC authorising use of force (must receive 9/15 votes in support) 4. Authorisation specifies scope and specific mandates 5. Implementation and oversight

Question 43

What are the limitations and challenges to the UNSC authorisation on the use of force?

Answer 43

1. Veto power 2. Interpretation 3. Compliance

Question 44

When is the use of force for the protection of nationals justified?

Answer 44

1. When there is an imminent danger of injury to nationals 2. When the host nation has failed to provide protection to foreign nationals 3. When the measures taken are only for the purpose of protecting nationals

Question 45

What is the difference between pre-emptive and preventative self-defence?

Answer 45

1. Pre-emptive: action taken in anticipation of an imminent armed attack 2. Preventative: action taken against potential threats that are not imminent

Question 46

What is the difference between individual self-defence and collective self-defence?

Answer 46

1. Individual self-defence is when a state defends itself against an armed attack 2. Collective self-defence is when states assist another state under attack and requires a request for assistance from the state under attack.