International Law: Unit 5 Dispute Resolution

1. International Law: Unit 5Dispute Resolution Mr. Morrison Fall 2005

2. Types of Dispute Resolution • Negotiation • Enquiry • Mediation • Conciliation • Arbitration • Judicial Settlement • Regional Settlement International Law Unit 5: Dispute Resolution

3. Adjudication • Permanent Court of Arbitration • Still in existence • Permanent Court of International Justice • Established in 1920 by Protocol to the League of Nations Covenant • Membership was optional International Law Unit 5: Dispute Resolution

4. International Court of Justice • Established in 1945 (1946) by Statute annexed to the UN Charter • Statute follows the PCIJ Statute closely • All UN members are participants • But not necessarily subject to its jurisdiction International Law Unit 5: Dispute Resolution

5. ICJ • 15 members, elected for 9 years by Security Council and General Assembly • 5 each 3 years • No two from same country • Distinguished lawyers; frequently diplomatic lawyers or professors • Court elects President, who has tie-breaking vote • Also ad hoc judges • If a party to a case is not represented on the bench International Law Unit 5: Dispute Resolution

6. ICJ: Jurisdiction • Types of jurisdiction • Contentious • Advisory International Law Unit 5: Dispute Resolution

7. ICJ: Contentious jurisdiction • Only States can be parties. Art 34 • Types of cases • Submitted by parties on a one-time basis (compromis) • Submitted pursuant to a dispute resolution clause in a treaty • “Compulsory jurisdiction” International Law Unit 5: Dispute Resolution

8. ICJ: Compulsory jurisdiction(art. 36) • States accept jurisdiction on condition of reciprocity • Can be unconditional or limited • Any limitation may reciprocally be invoked • There are now 71 such declarations • Of the P5, only the UK accepts jurisdiction (limited) International Law Unit 5: Dispute Resolution

9. ICJ Procedures • Filing of Application or compromis • Request for provisional measures Art. 41 • Preliminary Objection/Jurisdictional Phase • Merits • Memorials; Annexes • Oral argument • Decision International Law Unit 5: Dispute Resolution

10. Advisory opinions • Can only be requested by UNGA, Security Council, and approved international organizations • Opinion is advisory only • Court may decline to give it • Requestor may decline to follow it • BUT some international agreements between States and organizations provide for advisory opinions and a mandate to follow them International Law Unit 5: Dispute Resolution

11. Other tribunals • Law of the Sea Tribunal • Mostly alternative jurisdiction • WTO Dispute Resolution Mechanism • Panels of trade experts • Appellate body • ICSID • Disputes between states and private parties International Law Unit 5: Dispute Resolution

12. Other tribunals • Iran-US Claims Tribunal • Some “public” claims (Iran v. US) • Mostly private claims (company v. Iran) • UN Compensation Commission • Aftermath of First Gulf War • Ad hoc arbitrations International Law Unit 5: Dispute Resolution

13. Other tribunals • UN Administrative tribunal • Appeals to ICJ (!) as advisory opinions International Law Unit 5: Dispute Resolution