Chapter 10 Self-test questions

. What is the obligation of the peaceful settlement of disputes?

It is an obligation of result, that is, States are under a strict obligation to resolve their disputes as soon as possible

It is an obligation of conduct, ie States have an obligation to try to resolve their disputes through peaceful means. This does not entail an obligation to resolve their disputes

It is a peremptory norm of international law and all States have a legal interest to safeguard its application in any given dispute

It is an obligation which concerns solely international courts and tribunals

. Is there any hierarchy or priority among the various methods of peaceful settlement of disputes?

Yes, all the political methods (e.g. negotiation, mediation, inquiry, conciliation) should be exhausted prior to resorting to legal methods

Legal methods prevail over the political methods, since they are binding upon the parties

There is no hierarchy among these methods and the choice belongs to the disputing States

It is a matter of an impartial third party to decide which method will have priority over the other

. What is the difference between political and legal means of dispute settlement?

The outcome arising from legal methods, ie arbitration or adjudication by the ICJ, is final and binding upon the parties, whereas this is not the case with diplomatic methods

The political methods are pursued upon the consent of then parties to the dispute, whereas the legal methods not

The political means lead to a final settlement of the dispute, whereas this is not the case with the legal methods

The legal methods of dispute settlement are pursued only in respect of significant disputes, whereas the political means are employed in all disputes

. Are States under any obligation when they conduct negotiations?

States are under no obligation as to how they conduct their negotiation

States are under an obligation so to conduct themselves that the negotiations are meaningful

States are under an obligation to find a solution of the dispute whenever they conduct negotiations

States are under an obligation to inform the UN Secretary-General about the progress of their negotiations

. What is the difference between conciliation and mediation?

Conciliation is the continuation of mediation with the difference that conciliation produces a binding result, while mediation not

Conciliation is conducted exclusively by representatives of the UN Secretary-General, while mediation may also be conducted by third States' officials

Mediation is usually conducted by a person appointed with the consent of the parties, while conciliation involves a commission, which proceeds to an impartial examination of the dispute and proposes settlement terms

Conciliation is a method of dispute settlement pursued only by virtue of a treaty, while mediation may also be on an ad hoc basis

. How are the members of the arbitral tribunal appointed?

Each party selects one or two members of the arbitral tribunal, while the president of the tribunal, the umpire, is selected by the arbitrators or the president of the ICJ

All the members of the arbitral tribunal are appointed by the parties

All the members of the arbitral tribunal are appointed by an impartial third party, such as the president of the ICJ

All the members of the arbitral tribunal are appointed by the parties from a restricted list of arbitrators

. What is the judge ad hoc?

If a party to a contentious case before the ICJ does not have a national sitting as judge, it is entitled to nominate someone as a judge solely for that case, with the title of judge ad hoc

Judge ad hoc is the member of the bench of the ICJ with a casting vote

Judge ad hoc is a surrogate judge, in case a judge is disqualified or passes away/

Judge ad hoc is the judge that each party will always nominate in every contentious case

. What is the 'optional; clause' in the ICJ Statute?

Optional clause is the clause in the ICJ Statute, which provides for the applicable law, according to the intention of the parties

Optional clause determines the intention of the parties to accept that the decision of the Court will be final and binding

Optional clause is the declaration deposited by a State, whereby it accepts the jurisdiction of the Court in respect of international legal disputes in relation to any other State accepting the same obligation.

Optional clause is the clause that the parties deposit, which sets out the procedure of the written and oral pleadings

. Are the provisional measures issued by the ICJ binding upon the parties?

No, according to the literal interpretation of the relevant provision of the State, the provisional measures are not binding

No, unless the parties have agreed so beforehand

It depends upon the Court whether the provisional measures will be binding

Yes, it has been consistently held by the Court since the La Grand case (2001) that they are binding

. Who is entitled to request an advisory opinion of the ICJ?

Only the principal organs of the UN may request an advisory opinion (Security Council, General Assembly, ECOSOC, Trusteeship Council, Secretariat)

All international organizations may request an advisory opinion

The General Assembly and the Security Council may request advisory opinions on any legal question, as well as 'other organs of the United Nations and specialized agencies, which may at any time be so authorized by the General Assembly, may also request advisory opinions of the Court on legal questions arising within the scope of their activities'

The principal organs of the UN may request an advisory opinion as well as the State that have been authorized by the General Assembly

Chapter 10 Self-test questions

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