International Dispute Settlement outline

International Dispute Settlement (243-313)

Dispute Resolution in Intl Law:

(1) Peaceful Settlement (Pacific Settlement)

(2) Use of Force—accepted as alternative here. Problem is some countries don’t have resources to use it. Public outcry sometimes leads to this, but not always (times when it didn’t—Rainbow Warrior and Dogger Bank)

Peaceful Methods:

(1) Arbitration:

• Two types:
  • Private (dispute btwn investors):
    • Sometimes one party refuses to appt an arbitrator
    • In private situations, arbitration avoids one party being subject to a foreign law.
    • In private arbitration, involves state b/c still need arbitral decision to be enforced (state may or may not)
  • Public (states)
• NY Convention—signatories to Convention must enforce arbitration decisions unless such wld be against public order.
• ICJ being used a lot in territorial disputes. One exception in which ICJ has review pwr: administrative tribunals of the UN.

(2) Adjudication

(3) Advisory options.

(4) Mediation system by notable figure: (this is one of the most effective)

• Negotiation
• Or can actually get involved in mediation

(5) Special Claims Tribunal (like in Dames & Moore).

A. Public International Arbitration

Public Administration—When will a country go to arbitration over using force?

• Wars can cause other problems that the party might not want
• When really serious issues, intl law cant really deal—such as Cuban Missile Crisis. No real mechanisms for enforcement in intl law. (only force available then is a country’s own)