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International Disputes Notes

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International dispute

Disagreement typically (not exclusively) b/w states w/consequences on international plane
? Distinguish: situation (Arab-Israeli problem) v Dispute (smth fairly specific)

? Kellogg Briand Treaty 1928
? Art 2(4) UN Charter - prohibition of use of force + Art 2(3) - obl. on states to settle disputes exclusively by peaceful means w/out endangering int. peace, security & justice
? Art 33 - obl. on states to seek in good faith & spirit of co-op early & equitable settlement of int. disputes via any of the following

Types: diplomatic methods v adjudication: (i) Negotiation
- most widely used; normally, 1st tried & successful
- agreement to negotiate can be controversial b/c acknowledgesparties' standing + legitimacy of interests
- can co-exist with litigious proceedings in court (ii) Mediation
- adjunct to negotiation + involves TPs
? distinguish from good offices - TP encourages to resume negotiations/acts as channel of communication
- mediator expected to advance new ideas/provide interpretation of existing ones (iii) Inquiry
- process performed whenever court/other body attempts to solve a disputed issue of fact (broad) OR specific institutional arrangement selected to establish facts (narrow) (iv) Conciliation
- parties set up a Commission which impartially examines of dispute + attempts to define terms of settlement suspectible to being accepted
- proposals aren't binding ? no guarantee of success (v) Settlement by UN (i) GA
- wide ranging authority to make recommendations for settlement ? not binding
- political nature ? decisions acc to bloc allegiances rather than impartial judgements ? more suited to economic/political disputes
- critical role in matters of statehood & membership (ii) SC
- Chapter VII a. If all means have failed + danger of endangering peace, security = obl. on parties to refer dispute to SC (any other member may also do that)

SC will recommend procedures/measures for settlement + terms of compromise but reluctant to make concrete recommendations in practice
- SC's relationship w/ICJ?Art 36(3) - must bear in mind that legal disputes should as a general rule be referred to ICJ, though no power to force states' submission to jurisdiction +
can assume paramount resp. for such cases as it thinks appropriate i. If SC takes concrete measures re dispute which falls within Art 39, ICJ will not grant interim measures o Q's of Interpretation of Montreal Conv. Application arising out of Lockerbie Incident - at request of UK, US & France, SC adopted Res. urging Libya to extradite 2 nat.'l for trial in Scotland for Lockerbie bombing; Libya argued it complied w/Conv. by trialling them + alleged UK, US in breach by seeking extradition + refusing to assist proceedings + asked ICJ to grant provision measures which it refused b/c of Res. o Legal Consequences Case-SC declared South Africa didn't fulfil its obl. under mandate for South West Africa/Namibia & terminated it. SA failed to withdraw ? illegal presence. Held: SC Res., even not adopted under Chapter VII, was legally binding upon MS + ICJ has no JR/appeal powers. ii. ICJ will grant interim measures where SC hadn't reached determinative decision on rights to protection (Case Concerning Armed Activities in Congo) iii. Mere fact that UN bodies, incl. SC, are considering dispute, doesn't bar ICJ from considering its legal aspects (Adv Op on Palestinian Wall)

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