ULUSLARARASI KAMU HUKUKU II

A dispute as described by the Permanent Court of International Justice (PCIJ) in the Mavrommatis Case, is a disagreement on a point of law or fact, a conflict of legal views or interests between two persons. The correct answer is B.

According to the Covenant of League of Nations, there were three elements of international disputes:

The correct answer is C.

States are free to choose which dispute settlement method they want to use to resolve their disputes. Therefore, States can resolve their dispute by any means they agreed on as long as the method is peaceful. The methods of dispute settlement mechanism in international law includes judicial mechanisms (courts, tribunals, arbitral panels), and other quasi-judicial, legal or extra-legal mechanisms (committees, inspection panels, ombudsmen, etc.). The correct answer is E.

States have concluded several multilateral instruments regarding dispute settlement in international law since the end of the 19th century. The 1899 and 1907 Hague Conventions for the Pacific Settlement of International Disputes are the initial instruments for dispute resolution. The correct answer is D.

UN General Assembly endorsed the peaceful settlement of disputes in the 1975 Declaration on Principles of International Law Friendly Relations and Cooperation Among States in Accordance with the Charter of the United Nations and in the 1982 Manila Declaration on the Peaceful Settlement of International Disputes. Both instruments highlight the following similar principles regarding dispute settlement:

In The Covenant of League Nations, the parties also agreed not to resort to war, until three months after the arbitration award, judicial decision or the report of the Council. The correct answer is C.

The correct answer is E.

Among dispute settlement methods, negotiation, inquiry, mediation, conciliation are diplomatic dispute settlement methods, whereas arbitration and judicial settlement are adjudicative methods. The correct answer is A.

Framework of the negotiations varies as bilateral, multilateral and collective negotiations. Bilateral negotiations are conducted by the meeting of representatives or delegations of two States through meeting, or through written correspondence, telecommunication or any means of communication. The correct answer is A.

Disputing parties may agree to investigate the issue which they have different point of views, or any other aspect of the dispute in order to reach an appropriate resolution. This process is called inquiry or fact-finding. The correct answer is B.

Ex aequo et bono is an old concept which allows resolving the dispute according to equity or good conscience. Legal rules are not considered for decision-making. The primary goal is to reach just and fair resolution considering the subject matter of the dispute. The correct answer is E.