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Chapter 12: International Dispute Settlement and the International Court of Justice
Chapter 12: International Dispute Settlement and the International Court of Justice
A video tutorial from author Gleider Hernández introducing the topics in chapter 12 of International Law
Key points for reflection:
- Prior to the Charter era and the 1929 Kellogg-Briand Pact, recourse to force was an acceptable last resort in settling disputes
- Long history of dispute settlement before the Charter and a great variety of methods designed to achieve this
- Article 2(3) UN Charter: obligation on States to resort to peaceful dispute settlement
- Article 33(1) choice of means to States: negotiation, inquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means
- Arbitration: though awards are binding, parties have a degree of control over the selection of arbitrators and the procedure
- Adjudication at the ICJ: a permanent bench, fixed rules of procedure, an extensive case law; but jurisdiction remains based on the consent of States