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7 Cards in this Set

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  • Back

What are the three methods of non-legal dispute settlement?

1) Good Offices - (Qatar>Saudi Arabia>Bahrain)




2) Mediation - (US>Algeria>Iran) - hostages




3) Conciliation - (Jan Mayen Conciliation)

What are the legal methods of dispute settlement?

Permanent Court of Arbitration




or




ICJ

What are the features of the PCA?

Awards = binding and final




Pool of arbiters from which the parties each select a number, and these selected arbiters select further.




Can be a sole arbiter (Island of Palmas) - Max Huber

Which tribunal did the PCA help establish?

Iran-US Claims Tribunal 1981




claims arising out of taking US hostages during Islamic Revolution in Iran

What is an Interim Measure of Protection, as issued by the ICJ

Order to cease action (Paraguay & US) stay of execution

What is the jurisdiction of the ICJ?

States only - only with their consent




Consent can be given:


a) Through treaty provision (Genocide Cvtn.)


b) NOT FOR ALL UN PROVISIONS - dead letter


c) Optional clause declaration (Norweigian Loans)


d) Forum Prorogatum (Corfu Islands) Albania went along with proceedings

When is a case admissible to the ICJ?

1) When all local remedies are exhausted, but not if unreasonable (Jews in Germany)




2) Nationality of complainants - states can only bring cases on behalf of their nationals (Nottebohm)