Chapter 10 Outline answers to essay questions

Chapter 10 Outline answers to essay questions

Peaceful settlement of disputes


Explain the principle of the peaceful settlement as enshrined in Art 2(3) UN Charter. Then, you should provide an overview of the various means available under international law, both in Art 33 UN Charter and in the 1982 Manila Declaration. Then, you should address the main difference between political means that do not entail a binding resolution of the dispute, and legal means, which do. You should emphasize the criterion of consent that must be present for the resolution of disputes. Accordingly, you should examine the nature of the obligation involved in these dispute settlement procedures. Whereas in respect of political means the procedure brings about only an obligation of conduct, the legal means entail an obligation of result—that is, the obligation to comply with the award of the tribunal or the decision of the ICJ.

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