Term
| After both World Wars, States are required to attempt to settle disputes diplomatically before moving to more extreme measures such as: fighting and demobilizing. |
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Definition
| Tell me about Obligations to settle disputes peacefully. |
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Term
| The First Hague Conference |
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Definition
| The Permanent court of arbitration was the first court to bring arbitration about and explains how to arbitrate through peaceful means created during ___________ in 1899. |
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Term
| The Permanent court of arbitration |
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Definition
| ___________ was the first court to bring arbitration about and explains how to arbitrate through peaceful means |
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Term
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Definition
(Types of Dispute Settlement)
discussions between the interested parties with a view to reconciling divergent opinions or at least understanding the different positions maintained.
It does not involve any 3rd party and so differs forms of dispute management |
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Term
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Definition
(Types of Dispute Settlement)
involve the use of 3rd parties to encourage the contending parties to come to a settlement. The process aims at persuading the parties to a dispute to reach satisfactory terms for its termination by themselves. |
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Term
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Definition
(Types of Dispute Settlement)
_______ are involved where a third party “attempts to influence the opposing sides to enter into negotiations |
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Term
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Definition
(Types of Dispute Settlement)
involves a 3rd party however the 3rd party has an active participation in the negotiation process itself |
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Term
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Definition
(Types of Dispute Settlement)
The rules dealing with _____ were elaborated in General Act on the Pacific settlement of international Disputes |
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Term
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Definition
| involves a 3rd party investigation of the basis of the dispute and the submission of a report embodying suggestions for a settlement. |
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Term
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Definition
| _____ involves elements of both inquiry and mediation |
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Term
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Definition
| _____ conducted by reputable observers to ascertain precisely the facts in contention. They conduct an impartial and conscientious investigation in order to resolve the disagreement between the parties |
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Term
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Definition
| The settlement of differences between states by judges of their own choice and on basis of respect for law ( you pick your own judge and what law applies). Parties have the legal obligation to accept the terms of the award. |
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Term
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Definition
| Agreement to submit case to arbitrator. It specifies point of agreement and disagreements, number of judges there will be, it specifies the law that will be applied and spells out the default procedures are. |
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Term
| Can challenge if: court deviates from proceedings, substantial and essential error is made, if based decisions on facts that were not presented, corruption or fraud,if tribunal exceeds its power, procedural errors, errors of fact. |
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Definition
| Tell me about the grounds to challenge the validity of arbitral award: |
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Term
| Chamizal Tract Arbitration |
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Definition
Case
The court ruled on something that was beyond their power. It is an example of a time an arbitration court exceeded its power. |
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Term
| International Court of Justice |
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Definition
| The _____ is the primary judicial organ of the United Nations |
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Term
| International Court of Justice |
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Definition
| Its main functions are to settle legal disputes submitted to it by states and to give advisory opinions on legal questions submitted to it by duly authorized international organs, agencies, and the UN General Assembly. |
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Term
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Definition
| Dogger Bank Incident deals with what? |
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Term
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Definition
(Jurisdiction)
regular plaintif vs. defendant case
Only states can be parties
This type of jurisdiction is dependent upon state consent to be part of ICJ. |
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Term
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Definition
(Jurisdiction)
Deals with incidental matters that arise when case is already in court to interpret/or revise decisions.
Doesn’t require state consent. |
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Term
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Definition
(Jurisdiction)
This type of jurisdiction allows the ICJ to give opinions that are only consultative in character, though they are influential and widely respected.
UN can ask for advice on any topic.
Not legally binding decisions! |
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Term
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Definition
(Jurisdiction)
This jurisdiction applies if the states involved have agreed to the compromisary clause which gives ICJ jurisdiction before problem arrives. |
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Term
| Provisional measures /Intra measures |
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Definition
Court freezes situation as it is right now.
Prevents aggravation of situation. It freezes the case completely as it is currently and no party is allowed to take any action. This does not require state consent and protects all party’s rights while case is in court. |
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Term
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Definition
Case
The court ruled that the arbitration clause is still in effect even though the state abandoned the treaty. |
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