The International Court of Justice and the Peaceful Settlement of International Disputes

2017 ◽  
pp. 98-145
Keyword(s):  
International Court Of Justice ◽  
Court Of Justice ◽  
Peaceful Settlement ◽  
International Court

Forum Prorogatum Returns to the International Court of Justice

2003 ◽  
Vol 16 (4) ◽  
pp. 701-713 ◽  
Author(s):  
SIENHO YEE
Keyword(s):  
Criminal Proceedings ◽  
Judicial Process ◽  
National Interests ◽  
International Court Of Justice ◽  
General Acceptance ◽  
Court Of Justice ◽  
Peaceful Settlement ◽  
International Court ◽  
The Icj

The ICJ interpreted Article 36(1) of its Statute – more specifically, the phrase ‘all cases which the parties refer to it’ – as permitting it to adopt the doctrine of forum prorogatum as a jurisdictional principle and to adapt this doctrine to the circumstances of international judicial process, as an informal way of founding its jurisdiction over the merits of a dispute. The resort to this doctrine has given rise to some concerns and has not received the general acceptance of states. The Certain Criminal Proceedings in France case marks the successful return of the doctrine to the ICJ and shows that the doctrine is a valuable tool for nationalists seeking to protect national interests and for internationalists seeking to promote the peaceful settlement of international disputes.

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.

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”.

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.

18. The Means of Dispute Settlement

2018 ◽  
Author(s):  
John Merrills
Keyword(s):  
United Nations ◽  
Dispute Settlement ◽  
Historical Record ◽  
International Court Of Justice ◽  
Regional Organizations ◽  
Court Of Justice ◽  
Peaceful Settlement ◽  
International Court ◽  
Made In

This chapter discusses the various methods available for the peaceful settlement of international disputes. These include diplomatic methods (negotiation, mediation, inquiry, and conciliation), and legal methods (arbitration, the International Court of Justice, other courts and tribunals, and the place of legal methods). The role of the United Nations and regional organizations is also considered. Discussion covers the role of international law and its place in international relations, and dispute settlement generally. The text is illustrated with analysis of current and past disputes in which the various methods have been used—either successfully or unsuccessfully. The historical record shows first, that over the last two hundred years huge progress has been made in developing and refining the methods for handling international disputes, and secondly, that despite, or perhaps because of, differences between the various methods, their interaction and use in combination are often important factors in determining their effectiveness in practice.

Acceptance, and Withdrawal or Denial, of World Court Jurisdiction: Some Recent Trends as to Jurisdiction

1985 ◽  
Vol 20 (2-3) ◽  
pp. 148-166
Author(s):  
Edward McWhinney
Keyword(s):  
International Court Of Justice ◽  
United Nations General ◽  
Court Of Justice ◽  
Peaceful Settlement ◽  
International Court ◽  
Recent Trends ◽  
United Nations General Assembly ◽  
International Adjudication ◽  
Post War ◽  
The 1960S

The political attacks being mounted today against international organisation—the United Nations General Assembly, and especially UNESCO—are paralleled by some differences and challenges to the International Court of Justice, and this on the part of some of the Court's erstwhile most enthusiastic supporters. It used to be almost an act of political faith for Western, or Western-influenced, para-professional legal associations, meeting in the immediate post-War era and up to the 1960s, to reaffirm their support for the principle of international adjudication as the prime method of peaceful settlement of international disputes, and for the acceptance by all States of the compulsory jurisdiction of the World Court as the most affirmative and concrete way of demonstrating their endorsement of that principle. It was once a key element in the instructions of Western delegations to international legal conferences to insist upon the primacy of judicial settlement in any formal legal affirmation of the principle of peaceful settlement and in any listing of the alternative modes of its exercise.

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.

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.

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