Week 6: Dispute Settlement Flashcards
What makes courts difficult?
The sovereignty of states they can’t be held to other jurisdictions unless given away power
Issue with peaceful settlements?
States need to be voluntarily bound for law to take its place
Do states want to have a peaceful resolution?
Yes but reluctant to give jurisdiction to an international body
What does article 2 of the UN state?
Conflicts should be resolved peacefully
What does article 33 state?
If parties are in dispute, they shall find resolution by several means
What are they?
- Negotiation
- Enquiry - third party finds facts
- Mediation - third party actively involved
- Conciliation - third party acts like tribunal
- Arbitration - legally binding, appointed by states
- Judicial settlement - legally binding
- Resort to regional agencies
What is the issue with arbitration and judicial settlement?
States need to express consent to be bound by the authority
What does the security council do?
When deemed necessary, call upon the parties to settle their dispute by such means
What happens before the ICJ?
Parties must exhaust means of repairing an issue at a local level before going to ICJ
Who can states bring actions against?
Matter involving them, so Canadian company ran by Belgians could only be taken to court by Canada
Are advisory opinions binding?
No but offers good guidance for States. They carry weight so are often followed as if being legally binding
What do the ICJ do?
Helps the United Nations maintain peace and order when there are disputes between states. Through judgments opinions and orders
When may the ICJ hand down an advisory opinion?
When requested by states, international organisations on any legal question from an approved body
Question of failed attempted?
WHO attempted to ask if nuclear weapons were legal or not. Rejected since organisation to do with health and nuclear weapons are always detrimental to health whether legal or not
Does it replace judicial judgement?
No but gives clear indication of what states may start to think about certain actions. Can lead to be sanctioned
