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Settlement of Disputes:

1. What are the modes of Dispute Resolution under International Law? Discuss
each.
Article 33 of the UN Charter; all Members shall settle their International
disputes by peace-ful means, and lists the most usual ones: NEGOTIATION,
MEDIATION, CONCILIATION, ARBITRATION and JUDUCIAL SETTLEMENT.
Discuss each:
Informal means: (Non-judicial) Negotiation, Mediation, Conciliation
Negotiation procedure is flexible which means that the parties have
the control of the process of the settlement. Parties discuss to
reconcile previous divergent opinions.
Mediation is usually an ad hoc method involing the agreed
intervention of a third person in an attempt to reconcile the claims of
the parties.
Conciliation is another non judicial method where parties refer their
controversies to a third person and that person will submit s report of
recommendation for a peaceful agreement/settlement of the parties.
Quasi-judicial methods
Arbitration is the submission of the partieds to judge/judges. The
parties will have the right to choose what is the procedure to be
follow in the settlement such as the laws to be applied and the
composition of the Tribunals.
Judicial settlement is the submission of the dispute to the Principal
judicial organ of the U.N which is the International Court of Justice. you wouldnt need to pay unlike in arbitration.
2. What is the Obligation of the peaceful settlement of dispute?
Under Article 2 Paragrapg 3 of the U.N Charter it states that
all members shall settle their International Dispute in a peaceful
manner in such a manner that Intl peace, security and justice are not
endangered.
3. What is the difference between Political means and legal way of Dispute
settlement?
(on my own opinion) the Political way of dispute settlement are those methods
which are non-judicial in nature; those that does not require or involve an
International tribunal and that which the process is informal and depends upon the
choice of the parties (discussed in number1)
While the legal way of dispute settlement are those methods which are

quasi-judicial in nature meaning they involve the international tribunal. Ex:


International Arbitration (Permanent Court of Arbitration, Mixed, Arbitral Tribunal)
Judicial Settlement (Intl Court of Justice)
4. Are States under any Obligation when they conduct negotiations? Why?
YES, it is implied that when states enter into an obligation to negotiate they
would have to pursue such negotiations as far as possible with a view to achieving
settlement.In other words it would be so unnecessarily if muenter kag negotiation
then you dont have any plans of concluding agreement of settlement between the
other party, it would hamper the purpose of negotiation itself.
5. Are state under a duty to enter into negotiations when they have a dispute?
Explain.
YES, In certain circumstances there may exist a duty to enter into negotiations
arising out of a particular bilateral or multilateral agreements ( For me, having a
dispute will not prevent states to enter into negotiations even though there exists a
current dispute)
6. How are the Members of the Arbitral Tribunal Appointed?
In an Arbitral Tribunals the judges are called Arbitrator and their judgment an
award . Each parties will have to appoint one national arbitrator each and that two
national arbitrator will jointly appoint one neutral arbiter or three which will serve as
the chairman. Those appointed by the parties should be able to explain about their
States position.
7. How can the International Court of Justice exercise its jurisdiction?
The ICJ is the UNs principal judicial organ. Under Article 36(1) Its jurisdiction
comprises all cases w/c the parties refer to it and all matters specially provided for in
the Charter of the UN or in treaties or conventions in force.
In other Intl tribunal, the ICJ can exercise jurisdiction only if that has been
conferred on it by the parties to the dispute.
In addition, Article 59 of the UN The decision of the ICJ has no binding effect
except upon the parties and in respect of that particular case.
8. What is the Principal Judicial Organ of the U.N?

INTERNATIONAL COURT OF JUSTICE

9. What is the optional clause in the ICJ Statute?


Article 36(2) of the court's statute, known as the Optional Clause, allows states
to make a unilateral declaration recognizing "as compulsoryipso facto and without
special agreement, in relation to any other state accepting the same obligation, the
jurisdiction of the Court in all legal disputes."
Many states have accepted the court's jurisdiction under the Optional Clause. A
few states have done so with certain restrictions. The United States, for instance, has
invoked the so called self-judging reservation, or Connally Reservation. This
reservation allows states to avoid the court's jurisdiction previously accepted under
the Optional Clause if they decide not to respond to a particular suit.
10. What is the doctrine of forum prorogatum?
The idea whereby the consent of a state to the Courts jurisdiction may be
established by means of acts subsequent to the initiation of proceedings.
Forum prorogatum
If a State has not recognized the jurisdiction of the Court at the time when an application
instituting proceedings is filed against it, that State has the possibility of accepting such
jurisdiction subsequently to enable the Court to entertain the case: the Court thus has
jurisdiction as of the date of acceptance in virtue of the rule of forum prorogatum.

11. Who is entitled to request an advisory opinion of the ICJ?


Article 65 of the UN charter authorises the ICJ to give an advosory opiniion on
any legal questions at the request of whatever body may be authorised by; or in
accordance with, the Charter to make such a request.

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