International Law

International law requires that these (in
municipal law) be exhausted before international law is utilized.

Exhaustion of Local Remedies

Elettronica Sicula (USA v. Italy);
Interhandel (USA v. Switzerland)

Exhaustion of Local Remedies

States can be (term) by a tribunal if it finds the
applicant state is contradicting prior statements or actions. It usually amounts to relitigating an issue (even if the issue did not come before a court)

Estoppel

Concerning the Temple of Preah
Vihear (Cambodia v. Thailand)

Estoppel or Acquiescence

States must keep agreements that they sign; this is not a doctrine but an obligation. When violated, states can face cases before international tribunals.

Pacta Sunt Servanda

Interhandel (USA vs. Switzerland)

Pacta Sunt Servanda

situations where states remain
silent. Under international law this is a form of tacit consent. Also a requirement for some estoppel cases

Acquiescence

International law can recognize “unreasonable delays” in an applicant seeking relief. Remember there are no statute of limitations under int’l law.

Laches

Ambatielos (Greece vs. U.K.)

Laches

State A and State B have a dispute. They try to resolve it diplomatically but fail. They have already identified the issues in question, agree on the facts and issues, and need a third-party to settle the dispute. (State A/State B)

Special Agreement

State A and State B are both signatories to a treaty. Both states have not only signed but also ratified the treaty. It is law in both of their states’ domestic legal systems and both are bound to
the treaty under international law. They disagree on the treaty’s interpretation of their respective rights and/or obligations. The treaty calls for adjudication of disputes between signatories
through the ICJ.

Treaty Stipulations

State A and State B both recognize the ICJ’s jurisdiction in all cases. They recognize the ICJ unconditionally (implies reciprocity) even though both states may have conditions.

Compulsory Jurisdiction

State A recognizes the ICJ’s jurisdiction and files a case against State B, but State B does not recognize the compulsory jurisdiction of the ICJ. Because there is a divergence of acceptance of ICJ jurisdiction, it cannot be automatic (as there
is a lack of consent). State B, though, accepts jurisdiction after the initiation of the dispute.

Forum Prorogatum

A state is considered a (term) by its very existence as a state

Natural Person

A state is considered a (term) because international law confers statehood on it

Legal Person

4 characteristics of a legal person

Territory, Stable Population, Legitimate Government, Capacity to Practice International Relations

Legal Basis of Natural Person

Constitutive Theory of Statehood

Legal Basis of a Legal Person

Declarative Theory of Statehood (Montevideo Convention)

Involves diplomacy and diplomat and/or other high level state officials

Negotiations

Mediator uses their (term) to facilitate
dialogue but doesn’t engage in the dispute
resolution typically

Good Offices

Mediator is actively involved in the dispute resolution

Mediation

Fact finding only; does not typically assign blame

Inquiry

States are not required to accept recommendations of this resolution type

Conciliation

States have control over how (term) are run and other parameters that guide decision

Arbitration

Venues like the ICJ have predefined and institutionalized rules for resolving disputes

Adjudication

Ordered from low to high according to attachment to international law

Negotiation, Good Offices, Mediation, Inquiry, Conciliation, Arbitration, Adjudication

Ordered from high to low according to level of state control

Negotiation, Good Offices, Mediation, Inquiry, Conciliation, Arbitration, Adjudication