12. The peaceful settlement of disputes

Court Of Justice ◽

Peaceful Settlement ◽

International Court ◽

Un Security Council ◽

Settlement Of Disputes ◽

Advisory Opinions ◽

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

International Law ◽

10.1093/he/9780198828723.003.0012 ◽

2019 ◽

pp. 235-253

Author(s):

Anders Henriksen

Keyword(s):

Security Council ◽

Dispute Settlement ◽

Court Of Justice ◽

Peaceful Settlement ◽

International Court ◽

Un Security Council ◽

Settlement Of Disputes ◽

Advisory Opinions ◽

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

10.1093/he/9780198869399.003.0012 ◽

2021 ◽

pp. 232-250

Author(s):

Anders Henriksen

Keyword(s):

Security Council ◽

Dispute Settlement ◽

Court Of Justice ◽

Peaceful Settlement ◽

International Court ◽

Un Security Council ◽

Settlement Of Disputes ◽

Advisory Opinions ◽

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

International Law ◽

10.1093/he/9780198791836.003.0019 ◽

2018 ◽

Author(s):

Hugh Thirlway

Keyword(s):

Security Council ◽

General Assembly ◽

Court Of Justice ◽

Peaceful Settlement ◽

International Court ◽

The Icj ◽

The Subject ◽

Settlement Of Disputes ◽

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.

10. Peaceful settlement of disputes

International Law Concentrate ◽

10.1093/he/9780198840978.003.0010 ◽

2019 ◽

pp. 128-143

Author(s):

Ilias Bantekas ◽

Efthymios Papastavridis

Keyword(s):

Dispute Settlement ◽

General Assembly ◽

Peaceful Settlement ◽

International Court ◽

The Icj ◽

Un General Assembly ◽

The One ◽

Settlement Of Disputes ◽

This chapter examines the means and methods relating to the peaceful settlement of international disputes. The UN Charter obliges States to resolve peacefully their disputes and suggests certain means for such settlement: on the one hand, diplomatic means, like negotiation, mediation, conciliation, or the ‘good offices’ of the UN Secretary-General and, on the other, legal methods, such as arbitration and recourse to the International Court of Justice (ICJ), which are binding. The ICJ exercises its jurisdiction over contentious cases only upon the consent of the parties to the dispute, which may be expressed through various forms (e.g. compromis or optional clause declaration). The ICJ may also render advisory opinions to questions of international law posed by the UN General Assembly, the Security Council, or other competent organs and organizations. The chapter also explains dispute settlement in the context of international investor–State arbitration and in the World Trade Organization.

The Continuing Contributions of Ronald St. J. Macdonald to UN Charter and Peace and Security Issues

Canadian Yearbook of international Law/Annuaire canadien de droit international ◽

10.1017/s0069005800008055 ◽

2003 ◽

Vol 40 ◽

pp. 265-285

Author(s):

John H. Currie

Keyword(s):

Security Council ◽

Judicial Interpretation ◽

Security Issues ◽

Court Of Justice ◽

International Court ◽

Un Security Council ◽

Peace And Security ◽

SummaryIn this article, the author focuses in particular on Macdonald’s writings on the relationship between the International Court of Justice and the UN Security Council. After considering the continuing uncertainties in that relationship, the author argues that the emerging practice of “evolving reinterpretation” of Security Council Chapter VII resolutions suggests yet another important role for the court — that of guardian of Security Council authority through authoritative, judicial interpretation of purported Security Council authorizations to use force.

10. Peaceful settlement of disputes

International Law Concentrate ◽

10.1093/he/9780198803874.003.0010 ◽

2017 ◽

Author(s):

Ilias Bantekas ◽

Efthymios Papastavridis

Keyword(s):

Dispute Settlement ◽

General Assembly ◽

Peaceful Settlement ◽

International Court ◽

The Icj ◽

Un General Assembly ◽

The One ◽

Settlement Of Disputes ◽

This chapter examines the means and methods relating to the peaceful settlement of international disputes. The UN Charter obliges States to resolve peacefully their disputes and suggests certain means for such settlement: on the one hand, diplomatic means, like negotiation, mediation, conciliation or the ‘good offices’ of the UN Secretary-General and on the other, legal methods, such as arbitration and recourse to the International Court of Justice (ICJ), which are binding. The ICJ exercises its jurisdiction over contentious cases only upon the consent of the parties to the dispute, which may be expressed through various forms (e.g. compromis or optional clause declaration). The ICJ may also render advisory opinions to questions of international law posed by the UN General Assembly, the Security Council, or other competent organs and organizations. The chapter also explains dispute settlement in the context of international investor-State arbitration and in the World Trade Organization

10. Peaceful settlement of disputes

10.1093/he/9780192895684.003.0010 ◽

2021 ◽

pp. 133-148

Author(s):

Ilias Bantekas ◽

Efthymios Papastavridis

Keyword(s):

Dispute Settlement ◽

General Assembly ◽

Peaceful Settlement ◽

International Court ◽

The Icj ◽

Un General Assembly ◽

The One ◽

Settlement Of Disputes ◽

This chapter examines the means and methods relating to the peaceful settlement of international disputes. The UN Charter obliges States to resolve their disputes peacefully and suggests certain means for such settlement: on the one hand, diplomatic means, like negotiation, mediation, conciliation, or the ‘good offices’ of the UN Secretary General and, on the other, legal methods, such as arbitration and recourse to the International Court of Justice (ICJ), which are binding. The ICJ exercises its jurisdiction over contentious cases only upon the consent of the parties to the dispute, which may be expressed through various forms (eg compromis or optional clause declaration). The ICJ may also render advisory opinions to questions of international law posed by the UN General Assembly, the Security Council, or other competent organs and organizations. The chapter also explains dispute settlement in the context of international investor–State arbitration and in the World Trade Organization.

16. Peaceful Settlement of International Disputes

Cases & Materials on International Law ◽

10.1093/he/9780198727644.003.0016 ◽

2016 ◽

Cited By ~ 1

Author(s):

Martin Dixon ◽

Robert McCorquodale ◽

Sarah Williams

Keyword(s):

Security Council ◽

Legal Order ◽

Access To Resources ◽

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.

What’s Wrong with the Relationship between the International Court of Justice and the Security Council?

What's Wrong with International Law? ◽

10.1163/9789004294585_024 ◽

2015 ◽

pp. 347-364

Keyword(s):

Security Council ◽

Court Of Justice ◽

International Court ◽

Palestine Brings a Case Against the United States in the International Court of Justice at a Fraught Time for U.S.-Palestinian Relations

The American Journal of International Law ◽

10.1017/ajil.2018.112 ◽

2019 ◽

Vol 113 (1) ◽

pp. 143-149

Keyword(s):

United States ◽

The United States ◽

Vienna Convention ◽

Palestine Liberation Organization ◽

Optional Protocol ◽

Court Of Justice ◽

International Court ◽

Settlement Of Disputes ◽

While Palestine considers itself a state, the United States does not currently recognize it as such. The relationship between the two has continued to deteriorate following the December 2017 announcement that the United States would recognize Jerusalem as Israel's capital and move its embassy there. Alleging that the embassy relocation violates international law, Palestine brought a case against the United States in the International Court of Justice (ICJ) in September of 2018. The United States reacted by announcing its withdrawal from the Optional Protocol to the Vienna Convention on Diplomatic Relations Concerning the Compulsory Settlement of Disputes (Optional Protocol). Also in the fall of 2018, the Trump administration closed the Palestine Liberation Organization (PLO) office in Washington, curtailed its own Palestinian-focused mission in Jerusalem, and sharply cut U.S. funding focused on Palestinian interests.