International Dispute Settlement and Justice

From the study guide

International Dispute Settlement and Justice: Revision Sheet

1. 📌 Essentials

  • Dispute: Opposite legal or factual claims requiring proof of existence.
  • Jurisdiction depends on dispute existence, communication, and acceptance.
  • Main settlement methods: friendly negotiations, arbitration, judicial decisions.
  • International Court of Justice (ICJ) applies international law; can decide ex aequo et bono agreed.
  • Sovereignty and consent are fundamental; limits State liability and jurisdiction.
  • Arbitration is flexible, consent-based, and decisions are binding.
  • International courts include ICJ, regional courts (ECHR, Inter-American), and specialized tribunals (ICC, investment tribunals).
  • Enforcement relies on political will, prior consent, and cooperation.
  • Fragmented system; no unified global justice mechanism.
  • Common types: inter-State, investor-State, private, environmental, criminal, family.

2. 🧩 Key Structures & Components

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Practice quiz preview

1. What is a fundamental prerequisite for establishing jurisdiction in an international dispute resolution process?

2. Which international tribunal is primarily responsible for prosecuting war crimes, crimes against humanity, and genocide?

3. Which mechanism is commonly used in international climate law to ensure compliance with agreements like the Paris Agreement?**

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Flashcard preview

Dispute — definition?

Existence must be proven; involves claims and opposition.

ICJ — role?

Decides disputes based on international law.

ICSID — function?

Arbitrates investment disputes, enforces awards.

ICJ — role?

Decides disputes based on international law, per Art 38.

Dispute — definition?

Opposite legal or factual views requiring proof of existence.

Arbitration — mechanism?

Binding, consent-based dispute resolution outside courts.

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