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

International Law Unit 5: Dispute Resolution2 Types of Dispute Resolution Negotiation Enquiry Mediation Conciliation Arbitration Judicial Settlement Regional Settlement

Fall 2005 International Law Unit 5: Dispute Resolution3 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

Fall 2005 International Law Unit 5: Dispute Resolution4 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

Fall 2005 International Law Unit 5: Dispute Resolution5 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

Fall 2005 International Law Unit 5: Dispute Resolution6 ICJ: Jurisdiction Types of jurisdiction Contentious Advisory

Fall 2005 International Law Unit 5: Dispute Resolution7 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”

Fall 2005 International Law Unit 5: Dispute Resolution8 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)

Fall 2005 International Law Unit 5: Dispute Resolution9 ICJ Procedures Filing of Application or compromis Request for provisional measures Art. 41 Preliminary Objection/Jurisdictional Phase Merits Memorials; Annexes Oral argument Decision

Fall 2005 International Law Unit 5: Dispute Resolution10 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

Fall 2005 International Law Unit 5: Dispute Resolution11 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

Fall 2005 International Law Unit 5: Dispute Resolution12 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

Fall 2005 International Law Unit 5: Dispute Resolution13 Other tribunals UN Administrative tribunal Appeals to ICJ (!) as advisory opinions