16. Peaceful Settlement of International Disputes

2016 ◽  
Author(s):  
Martin Dixon ◽  
Robert McCorquodale ◽  
Sarah Williams
Keyword(s):  
Security Council ◽  
Legal Order ◽  
Access To Resources ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
Peaceful Settlement ◽  
International Court ◽  
General Obligation ◽  
International Legal Order ◽  
Settlement Of Disputes

An international legal order must have rules in regard to the settlement of disputes. These rules are particularly necessary in an international community where States are not equal in terms of diplomatic power, access to weapons or access to resources, and where there is the potential for massive harm to people and to territory. This chapter discusses the general obligation on States; non-judicial settlement procedures; arbitration; specific international tribunals; the International Court of Justice and its interaction with the Security Council.

12. The peaceful settlement of disputes

2017 ◽  
Author(s):  
Anders Henriksen
Keyword(s):  
Security Council ◽  
Dispute Settlement ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
Peaceful Settlement ◽  
International Court ◽  
Un Security Council ◽  
Settlement Of Disputes ◽  
Advisory Opinions ◽  
The Relationship

This chapter discusses some of the more relevant methods for peaceful dispute settlement. It begins by introducing a number of non-adjudicatory settlement mechanisms and providing a brief overview of the role played by the UN. It then discusses the adjudicatory means of settling disputes, including international arbitration; the competences and powers of the International Court of Justice; issues of access to the Court and the Court's jurisdiction in contentious cases; the power of the Court to issue provisional measures; the effects of the Court's decisions; the relationship between the Court and the UN Security Council; and the Court's competence to issue advisory opinions.

12. The peaceful settlement of disputes

2019 ◽  
pp. 235-253
Author(s):  
Anders Henriksen
Keyword(s):  
Security Council ◽  
Dispute Settlement ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
Peaceful Settlement ◽  
International Court ◽  
Un Security Council ◽  
Settlement Of Disputes ◽  
Advisory Opinions ◽  
The Relationship

This chapter discusses some of the more relevant methods for peaceful dispute settlement. It begins by introducing a number of non-adjudicatory settlement mechanisms and providing a brief overview of the role played by the UN. It then discusses the adjudicatory means of settling disputes, including international arbitration; the competences and powers of the International Court of Justice; issues of access to the Court and the Court’s jurisdiction in contentious cases; the power of the Court to issue provisional measures; the effects of the Court’s decisions; the relationship between the Court and the UN Security Council; and the Court’s competence to issue advisory opinions.

12. The peaceful settlement of disputes

2021 ◽  
pp. 232-250
Author(s):  
Anders Henriksen
Keyword(s):  
Security Council ◽  
Dispute Settlement ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
Peaceful Settlement ◽  
International Court ◽  
Un Security Council ◽  
Settlement Of Disputes ◽  
Advisory Opinions ◽  
The Relationship

This chapter discusses some of the more relevant methods for peaceful dispute settlement. It begins by introducing a number of non-adjudicatory settlement mechanisms and providing a brief overview of the role played by the UN. It then discusses the adjudicatory means of settling disputes, including international arbitration; the competences and powers of the International Court of Justice; issues of access to the Court and the Court’s jurisdiction in contentious cases; the power of the Court to issue provisional measures; the effects of the Court’s decisions; the relationship between the Court and the UN Security Council; and the Court’s competence to issue advisory opinions.

19. The International Court of Justice

2018 ◽  
Author(s):  
Hugh Thirlway
Keyword(s):  
Security Council ◽  
General Assembly ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
Peaceful Settlement ◽  
International Court ◽  
The Icj ◽  
The Subject ◽  
Settlement Of Disputes ◽  
Advisory Opinions

The International Court of Justice (ICJ), which is defined in the UN Charter as the ‘principal judicial organ’ of the United Nations, is a standing mechanism for the peaceful settlement of disputes between States. It may also give advisory opinions on the law, at the request of the Security Council and General Assembly, or of other UN organs and specialized agencies that are so authorized by the General Assembly. No dispute can be the subject of a decision of the Court unless the States parties to it have consented to the Court’s jurisdiction over that specific dispute. This chapter discusses the history, structure, and composition of the Court, the ways in which jurisdiction is conferred upon it, its procedure, and the nature and effect of decisions (judgments and advisory opinions) of the ICJ.

Preparation of a New Treaty for the Settlement of International Disputes

1990 ◽  
Vol 3 (3) ◽  
pp. 51-57
Author(s):  
Louis B. Sohn
Keyword(s):  
United Nations ◽  
International Law ◽  
General Assembly ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
Peaceful Settlement ◽  
International Court ◽  
The United Nations ◽  
Settlement Of Disputes

In declaring the period 1990–1999 as the United Nations Decade of International Law, the General Assembly of the United Nations listed among the main purposes of that decade the need “to promote means and methods for the peaceful settlement of disputes between States, including resort to and full respect for the International Court of Justice”.

The Place of International Law in the Settlement of Disputes by the Security Council

1970 ◽  
Vol 64 (1) ◽  
pp. 1-18 ◽  
Author(s):  
Rosalyn Higgins
Keyword(s):  
International Law ◽  
Security Council ◽  
Real Function ◽  
Common Language ◽  
International Court Of Justice ◽  
Community Interest ◽  
Court Of Justice ◽  
International Court ◽  
Law Of Nations ◽  
Settlement Of Disputes

The place of law in the settlement of disputes by the Security Council is a topic which has already occasioned debate. Many lawyers contend that law plays a minimal rôle in the work of the Council. That organ is, they point out, essentially a political body. It operates in a different way from a judicial body such as the International Court of Justice, and frequently ignores the law of nations. Oscar Schachter, writing in this Journal in 1964, has offered another view, pointing to subtle ways in which the influence of law can still make itself felt in the work of the Security Council, by providing a common language, by applying principles to specific cases, and by determining new points of community interest. The purpose of this article is to examine, in the light of recent years, some of the limitations within which this legal endeavor takes place, and to see whether law has any real function in the settlement of disputes.

A Mirage in the Sand? Distinguishing Binding and Non-Binding Relations Between States

1997 ◽  
Vol 10 (2) ◽  
pp. 223-247 ◽  
Author(s):  
Christine Chinkin
Keyword(s):  
International Court Of Justice ◽  
Court Of Justice ◽  
Peaceful Settlement ◽  
International Court ◽  
Settlement Of Disputes ◽  
Binding Agreement

The article discusses the two decisions (thus far) of the International Court of Justice in the case concerning Maritime Delimitation and Territorial Questions between Qatar and Bahrain, especially its consideration of when an internationally binding agreement has come into existence. The Court's willingness to infer a legally binding agreement, regardless of the intentions of at least one of the parties, appears to displace the primacy of consent it has emphasized in its earlier jurisprudence. The decision seems to hold states bound by informal commitments, an approach that might inhibit open negotiations between states and undermine genuine attempts to pre-empt disputes or to comply with the obligation of peaceful settlement of disputes.

The conflict between values and hegemony in the current international legal order: humanitarian intervention as an example

2008 ◽  
Vol 1 (4) ◽  
pp. 573-588
Author(s):  
Mohammad Khalil al-Mousa
Keyword(s):  
International Law ◽  
International Organizations ◽  
Humanitarian Intervention ◽  
Legal Order ◽  
The Political ◽  
Legal Basis ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
International Legal Order

In a study which proceeds along the lines of both philosophy and international law and established precedents of various international organizations and conventions, the author deals with the thorny issue of ‘human rights intervention’ and demonstrates that what may be a simple or self-reflexive concept in the abstract is, from the standpoint of actual historical implementation, problematic and extremely political. The article deals with cases from the Congo to Kosovo and examines these in light of the UN Charter as well as the International Court of Justice in order to demonstrate asymmetry and the ambiguities and contradictions as well as the political expedience inherent in both interpretation of law and in the actual cases of ‘humanitarian intervention’. The legal basis and efficacy of unilateral ‘humanitarian intervention’ are challenged in depth.

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