International Law: Dispute Resolution & Enforcing Compliance

Flashcards on International Dispute Resolution and Enforcement

Dispute Settlement

Central to international relations, international law, and international peace & security; meant to de-escalate tensions and avoid conflict/instability.

Diplomatic Means of Dispute Settlement

Negotiation, mediation, inquiry, conciliation

Legal Means of Dispute Settlement

Arbitration, judicial settlement

Negotiation

Direct, multi- or bilateral discussions concerning the settlement of a dispute where parties retain control of the process.

Good Offices

Involves a third party with a limited/facilitative role.

Mediation

A third party that acts as an active participant and has opportunity to impact outcomes.

Inquiry

Fact-finding process to resolve a dispute issue of fact through a commission of inquiry.

Conciliation

Setting up non-binding commissions that often produce reports with non-legally binding recommendations by a third party.

Arbitration

Parties establish a tribunal to settle a dispute; decisions of adjudication are binding and parties exercise a considerable degree of control.

Judicial Settlement

Involves reference of disputes to permanent tribunals for legally binding decisions.

International Court of Justice (ICJ)

A standing tribunal that deals with disputes between states and offers advisory opinions to the UN; decisions are binding and final without appeal; requires state consent.

Provisional Measures (ICJ)

Power to order provisional measures to be taken to preserve the rights of either party during proceedings.

ICJ Advisory Opinions

UNGA, UNSC and other UN entities are entitled to advisory opinions on legal questions; advisories are not determinative and state consent is not required.

Countermeasures

A non-forcible unilateral measure to remedy a breach of an international obligation that is otherwise unlawful; injured states have a legal entitlement.

Collective Countermeasures

May be invoked by states acting in the collective interests.

Retorsion

Do not involve the suspension of international obligations; an unfriendly but lawful act.

Reprisals

Punish responsible states, often include the use of force.

Unilateral Sanctions

Commercial/financial penalties or coercive measures targeted towards states, groups and/or individuals.

Multilateral Sanctions

Sanctions employed by an IGO.

Comprehensive Sanctions

Near total financial/trade embargoes.

Targeted Sanctions

Target those actors, goods and processes specifically responsible or directed towards a breach.

Use of Force in International Law

The use (and threat) of force is illegal under int’l law.

Self-Defense

States have the right to self-defense in the event of an ‘armed attack’.

Preventative Self-Defense

When attack is foreseeable or highly likely.

Anticipatory Self-Defense

When attack is imminent; must be instant, overwhelming and last option.