Dispute Settlement Mechanisms in International Law
What are the goals of the United Nations?
The goals of the United Nations are:
1) To maintain international peace and security,
2) To take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace
3) To bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace
What are the two ways that a dispute can be solved?
These are through diplomatic and judicial ways.
Why is the diplomatic negotiation model considered the most satisfactory method of dispute resolution in international relations?
Diplomatic negotiation is seen as the most satisfactory method of settlement
as the parties freely express their opinions about the dispute during the negotiations.
What is the difference between diplomatic negotiation and consultation?
Diplomatic negotiation differs from the method of consultation in purpose.
Consultation is the taking of the opinion of the other side of the dispute. Negotiation, on the other hand, aims to reach a definitive conclusion about
the dispute in the agreement of the parties.
What is the name of the method used when a third party, usually a country or an international organization, helps to solve the dispute by only transmitting messages?
Good offices
What is the difference between the good offices method and the mediation method?
In the good offices method, the third party is not welcome to make recommendations but just convey the messages. In mediation method, however, the mediator is expected to make recommendations as well.
What is the difference between mediation and arbitration?
In arbitration, upon the application of the parties, the Permanent Court of Arbitration will decide on the dispute and the parties must comply with it. However, decision making in mediation lies within the parties. In arbitration, one party loses while the other wins. However, since the parties reach an agreement in mediation, a win-win result occurs for both parties. Arbitration focuses more on the merits and legal aspects of the case. Nevertheless, a political effect
is also added to the conflict in mediation.
Which diplomatic method is used in the Annan Plan?
Mediation
What are the main objectives of the conciliation method?
The main objectives of the conciliation method are to determine disputes, to reduce tension, to encourage the negotiations of the parties, and to establish communication between the parties.
Why is the conciliation method more objective than the mediation method?
Because it is far from political effects.
For which purposes is the investigation method used?
- Obtaining the necessary data to make a decision about dispute by international organizations,
- Determining whether the parties comply
with an agreement between the parties, - Reaching concreteinformation to find a solution about the dispute
When was "The Hague Convention for the Pacific Settlement of International Disputes" established?
in 1899
Can a state which is not party to The Hague Convention also apply for arbitration?
No, but they can apply for information and requests.
What are the two types of powers that the International Court of Justice has?
the ICJ has two types of powers, namely binding decision-making and
consultation in inter-state cases.
What is the judicial authority of the European Union?
The Court of Justice of the European Union
In dispute resolution within the WTO, which dispute resolution
methods mentioned above can be used?
These solution methods can be judicial or peaceful. These solutions include mediation, conciliation, negotiation, arbitration, panel, and appeal judgment.
What are the bodies of the Permanent Court of Arbitration
The Permanent Court of Arbitration has three
bodies: the Members of the Court, the International
Bureau, and the Administrative Council.
Where is the headquarters of the Court of Justice of the European Union?
in Luxembourg
Give some examples of the advisory opinions of the International Court of Justice
Advisory opinions on whether the World Health Organization is authorized to apply to the court on the legality of nuclear weapons, as well as the advisory opinions on whether nuclear weapons, the wall built by Israel, and the declaration of independence of Kosovo are in compliance withthe law.
What is the purpose of the Court of Justice of the European Union?
The purpose is to ensure the interpretation and application of European
Union law. For this purpose, the Court of Justice of the European Union reviews whether the actions of the European Union institutions comply with the law, ensures that the member states of the Union comply with the obligations
under the treaties, and interprets European Union law at the request of the national courts.