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