F.International Dispute Settlement
|
|
- Timothy Oliver
- 5 years ago
- Views:
Transcription
1 F.International Dispute Settlement 1 Introduction to peaceful international settlement - UN member states have the obligation to settle disputes peacefully Art 2 UN Charter All Members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered. 4. All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations Commentary: This is a system which prohibits use of force with very strict exceptions, so peaceful settlement has a fundamentally complementary role to the prohibition of use of force. Yet there is NO duty to settle disputes only to use peaceful means if the states want to settle the disputes!! Merrills: See also Section I, para.2 of the Manila Declaration (UNGA Res 37/ ). a International dispute - It is a disagreement with consequences on the international plane. It be can as to law or fact or policy or legal rights etc The Mavrommatis Palestine Concessions [1924] --- PCIJ Held: A disagreement on a point of law or fact, a conflict of legal views or interests between the parties Commentary: examples: On fact: how the Malaysian airlines fell etc. On law: claims on maritime boundaries; is a reservation to a HR treaty valid; what does investment mean under an investment treaty; who is responsible under the laws of attribution see USA v Iran etc. Azaria: this definition is confirmed in East Timor! b Peaceful means - There are diplomatic methods as well as legal methods. They can be used at the same time and are not mutually exclusive! Art 33 UN Charter The Parties to any dispute, the continuance of which is likely to endanger the maintenance of international peace and security, shall, first of all, seek a solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their choice 2 The Security Council shall, when it deems necessary, call upon the parties to settle their dispute by such means.
2 Commentary: There is no hierarchy of the means of dispute settlement states can choose freely. A taxonomy of the means of dispute settlement: 1 Diplomatic means: involvement of non-judicial function/political method; may involve third parties at times (e.g. reconciliation) Strengths Flexibility: aimed at finding a solution May be faster than judicial settlement, subject to the procedures and rules on expedited arbitration Strengthens the interaction between States Allows states to have control over the procedure: States are not bound and do not have to give consent to what they do not agree to (contra judicial settlements) Confidentiality may be protected Weaknesses Underscore unequal bargaining power: that is why the Philippines cleverly chose arbitration instead of negotiations with China due to its inferior bargaining power Too much control over the outcome by States (freely choose to be bound or not in general)c 2 Legal methods: employing the application of the rules of international law to settle the dispute = involvement of judicial function/legal method Aegean Sea Continental Shelf [1978] --- ICJ Held: the fact that negotiations are being actively pursued during the present proceedings is not, legally, any obstacle to the exercise by the Court of its judicial function Commentary: Article 33(1) lists diplomatic and legal means of dispute settlement. These may run in parallel or can be resorted to in the alternative. Sheriff: thus, there are cases to be resolved by negotiation in the course of litigation: Iran-USA Aerial Incident case (1996) Negotiations (diplomatic method) - Negotiations is the most common method of dispute settlement. Advantages: Allows the party to retain control over a dispute without involving third parties (simultaneously, possible disadvantage) Allows interim containing of the dispute establishing a modus vivendi
3 Disadvantages: Negotiations will not be meaningful when: Either of the parties to the dispute insists upon its own position without contemplating any modification of it: North Sea Continental Shelf [1969] Or where the parties obstruct negotiations by interrupting communications or causing delays in an unjustified manner: Lake Lanoux Arbitration (1957) If the parties positions are too far apart Not always a free choice, as a State may have bound itself to negotiate in a treaty - The process is diplomatic/political and has got nothing to do with rules of international law: states just come together to discuss their disputes, although their arguments may involve arguments on international law - The outcome of negotiations may have binding effect if, say, the parties come to agree on a treaty - Negotiations have to be conducted in good faith - the parties to the dispute are obliged to conduct themselves so that the negotiations are meaningful: Railway Traffic between Lithuania and Poland, Advisory Opinion [1931] --- PCIJ Held: an obligation to negotiate requires states not only to enter into negotiations, but also to pursue them as far as possible, with a view to concluding agreements. However, it is NOT an obligation to reach an agreement. Commentary: see also Application of the Interim Accord of 13 September 1995 (the former Yugoslav Republic of Macedonia v. Greece) [2011] - Obligation to negotiate in good faith, as found in international agreements, e.g. Art. VI of the Treaty on Non-Proliferation of Nuclear Weapons, which requires negotiations in good faith expressly; Article 5(1), of the Interim Accord between FYROM and Greece: The Parties agree to continue negotiations [...] pursuant to Security Council resolution 845 (1993) with a view to reaching agreement on the difference described in that resolution and in Security Council resolution 817 (1993). [See, para. 131 of the FYROM v. Greece Judgment, where the Court interpreted this provision to require negotiations in good faith] Mediation (diplomatic method) - An adjunct of negotiation which involves a third party
4 - Neutral party employed to assist the exchange of views, but his role is ancillary. E.g. The Pope has acted as a mediator in the Beagle Conflict (papal intervention) Limitations: The parties have to consent to mediation and to the mediator Once mediation begins its prospects of success rests on the parties willingness to make concessions Parties have to be willing to accept mediation Advantages: The mediator s aim is to try to satisfy both parties to the dispute - When the parties to a dispute are unable to resolve it by negotiation, the intervention of a third party may assist in breaking the impasse by either encouraging them to continue negotiations or provide them with additional means of communication ( good offices ). The mediator may provide the parties with information and suggestions, may identify and explore their aims and may canvass a range of possible solutions. - Ad hoc or treaty basis: (Charter of the Organization of the African Union, 1963: Commission of Mediation, Conciliation and Arbitration, Article XIX: see ) - By states: (e.g. Algerian Government in Hostages in Tehran case; US in relation to the Malvinas/Falkand Islands invasion 1982 and the Dayton Peace Agreement ending the civil war in Yugoslavia) - By international organisations: (e.g. UN Secretary-General in Cyprus, and the Malvinas/Falkand Islands invasion 1982; the EC and the UN in relation to the Dayton Peace Agreement ending civil war in Yugoslavia) - By individuals: (e.g. Pope in 1985 Beagle Channel Dispute between Chile and Argentina). Inquiry (diplomatic method) - Two sense: a Broad: process of resolving a dispute of fact b Narrow: a specific institutional arrangement which may be selected instead of arbitration to establish the facts - Treaty provisions (e.g and 1907 Hague Conventions for the Pacific Settlement of Disputes, which provide for International Commissions of Inquiry; inquiry procedure under the 1982 LOSC) - Ad hoc - Role of international organisations: League of Nations (e.g. set up commissions of enquiries in relation to the 1921 dispute between Sweden and Finland concerning the
5 Aaland Islands; and for the 1925 Mosul dispute between UK and Turkey) International Civil Aviation Organization (ICAO) (e.g. KE 007 incident = shooting down of a South Korean jumbo jet over Soviet territory) UN Security Council (e.g. (1) The International Commission of Inquiry concerning Burundi established in 1995 to establish the facts relating to the assassination of the President of Burundi in 1993, the massacres and other related serious acts of violence which had followed; (2) United Nations Compensation Commission established pursuant to SC Resolutions 687(1991) and 692(1991) to administer a Fund to compensate for any direct loss, damage or injury to foreign Governments, nationals and corporations, following the Iraqi invasion and occupation of Kuwait. Claims for compensation are assessed by panels of experts and payments are made from a special fund financed from a levy on Iraqi oil sales) World Bank Inspection Panel (inquiry followed by a report, which involves fact-finding and evaluation as to whether the Bank acted consistently with its operational policies concerning environment/impact on local communities) Similar Panels in European Bank for Reconstruction and Development (EBRD) and Asian Development Bank. Conciliation (diplomatic method) - Definition: A method for the settlement of international disputes of any nature according to which a Commission set up by the Parties, either on a permanent basis or an ad hoc basis to deal with a dispute, proceeds to the impartial examination of the dispute, and attempts to define the terms of a settlement susceptible of being accepted by them or of affording the Parties, with a view to its settlement, such aid as they have requested (Art 1 Regulations on the Procedural of International Conciliation) - Involves a third person who is appointed by the parties. The third person provides a channel of communication and proposes solutions to help parties reach a compromise. The outcome is that the conciliators will provide recommendation/report which in itself is not binding. Yet States may accept the recommendation and make it binding itself. - The third person conciliator is NOT bound by international law the recommendations may be contra legem! The use of IL might often endanger the conciliation. - Task of investigating every aspect of the dispute and of proposing a solution which is not binding on the parties (J-P. Cot) - It calls for a package deal incorporating elements of equity, contra legem, if necessary; reference to international law may well hinder the solution of the conflict. (J-P. Cot)
6 - May be treaty based (e.g. Pact of Bogota 1948; OAU Charter 1963; 1969 VCLT; 1982 LOSC). - Energy Charter Treaty Art 7(7) special conciliation mechanism for transit disputes with binding interim measures by the conciliator for up to 12 months this is an exception based on state consent: the conciliator s decision will be BINDING (otherwise recommendatory only) Arbitration (legal method) - Parties set up a tribunal, choose their arbitrators to decide a dispute and agree to treat its decisions as binding - Permanent Court of Arbitration (1899 and 1907 Hague Conventions) = not a court! List of arbitrators and a bureau with premises, library and staff. - Ad hoc arbitration, e.g. ECT Art 27(2)-(3) providing for ad hoc arbitration of inter-state disputes, OSPAR Convention Art 32 (if the dispute cannot be settled by inquiry or conciliation within the OSPAR Commission, any CP to the dispute may submit the dispute to arbitration in accordance with the provisions set out in the Art 32). Advantages: States can control the procedure specifically for the particular dispute and can choose the members of the tribunal ( private justice ) Interim measures can be issued quickly Netherlands v Russia (Greenpeace Artic Sunrise Ship Case) --- protestors board the AS ship flying a Dutch flag. The protestors mounted on the gas installation belonging to Gazprom Russia. The vessel went into the exclusive economic zone of Russia, and was arrested by Russia on board when the law prohibits boarding of a vessel flying another state. The Netherlands went to the ITLOS and asked for provisional interim measures to be issued requiring Russia to release the vessel and the persons. After that, the Netherlands made a separate claim under arbitration for Russia s violation of international law. COM: the advantage of ITLOS is that the interim measures may be issued quickly Disadvantages: States are reluctant to make general commitments to judicial settlement It is difficult to ensure the losing party carries out the award Its effectiveness relies on responsible behaviour from states - Between States, e.g Mox Plant arbitration (OSPAR Convention, Article 9) between Ireland and the UK
7 - Between States and non-state entities, e.g Abyei Arbitration between the Government of Sudan and the Sudan People s Liberation Movement (the arbitration was conducted under the PCA Optional Rules for Arbitrating Disputes between Two Parties of Which Only One is a State); or Texaco v Libya 1977 (Texaco Overseas Petroleum Company and California Asiatic Oil Company in exercising their rights under their Deeds of Concession with Libya, requested arbitration and appointed an arbitrator. Libya refused to accept arbitration. Pursuant to the arbitration provision in their Deeds of Concession, the Companies requested the President of the ICJ to appoint a sole arbitrator to hear and determine the dispute) Iran-US Claims Tribunal: one of the measures taken to resolve the crisis between Iran and the US arising out of the 1979 hostage crisis at the US Embassy in Tehran, and the subsequent freezing of Iranian assets by the US. The Government of Algeria served as mediator in the search for a mutually acceptable solution. The Tribunal has jurisdiction to decide (a) claims of US nationals against Iran and of Iranian nationals against the US, which arise out of debts, contracts, expropriations or other measures affecting property rights; (b) certain claims between the two Governments relating to the purchase and sale of goods and services; (c) disputes between the two Governments concerning the interpretation or performance of the Algiers Declarations; and (d) certain claims between US and Iranian banking institutions. - International Centre for Settlement of Investment Disputes (ICSID): established by the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (EIF 1966) - conciliation and arbitration of investment disputes between Contracting States and nationals of other Contracting States (Art 1(2)). Seat at the World Bank. - The parties to the dispute decide to set up a tribunal to decide a dispute on the basis of international law, and agree to treat its decisions as binding. - The parties choose the arbitrators the dispute is decided by individuals that the parties to the dispute trust. Courts and tribunals (legal method) - Judicial settlement involves the reference of disputes to permanent tribunals for a legally binding solution - Courts with general jurisdiction The ICJ - Courts with specialised jurisdiction CJEU World Trade Organization Dispute Settlement Understanding Panels (3 experts selected ad hoc by the DS Body)/Appellate Body (seven members appointed for 4 years) backed by a mechanism on supervision of compliance
Enforcement & Dispute Resolution Outline. Cecilia M. Bailliet
Enforcement & Dispute Resolution Outline Cecilia M. Bailliet UN Charter Art. 2 (3) All members shall settle their international disputes by peaceful means in such a manner that international peace and
More informationEnforcement & Dispute Resolution Outline. Cecilia M. Bailliet
Enforcement & Dispute Resolution Outline Cecilia M. Bailliet Hersch Lauterpacht International Law should be functionally oriented towards both the establishment of peace between nations and the protection
More informationTokyo, February 2015
The Rule of Law in the Seas of Asia - Navigational Chart for Peace and Stability - Compulsory Dispute Settlement Procedures under UNCLOS - Their Achievements and New Agendas - Tokyo, 12-13 February 2015
More informationOAU CONVENTION ON THE PREVENTION AND COMBATING OF TERRORISM
Downloaded on August 16, 2018 OAU CONVENTION ON THE PREVENTION AND COMBATING OF TERRORISM Region African Union Subject Security Sub Subject Terrorism Type Conventions Reference Number Place of Adoption
More informationIN THE HON BLE INTERNATIONAL COURT OF JUSTICE, HEGUE IN THE MATTER OF (AEGEAN SEA CONTINENTAL SHELF CASE) GREECE... APPELLANT TURKEY...
IN THE HON BLE INTERNATIONAL COURT OF JUSTICE, HEGUE IN THE MATTER OF (AEGEAN SEA CONTINENTAL SHELF CASE) GREECE.... APPELLANT Vs TURKEY.... RESPONDENT SUBMITTED BEFORE THE HON BLE COURT IN EXCERSISE OF
More informationINTERNATIONAL TERRITORIAL DISPUTES AND CONFRONTATIONS IN THE SOUTH CHINA SEA FROM A LEGAL PERSPECTIVE
INTERNATIONAL TERRITORIAL DISPUTES AND CONFRONTATIONS IN THE SOUTH CHINA SEA FROM A LEGAL PERSPECTIVE Yurika ISHII (Dr.) National Defense Academy of Japan eureka@nda.ac.jp INTRODUCTION (1) Q: What is the
More informationPRESS RELEASE. EUR 1,695, as compensation for damage to the Arctic Sunrise;
PRESS RELEASE ARCTIC SUNRISE ARBITRATION (NETHERLANDS V. RUSSIA) THE HAGUE, 18 JULY 2017 Tribunal Renders Award on Compensation The Tribunal constituted under Annex VII of the United Nations Convention
More informationRemarks on Selected Topics. Hugo H. Siblesz Secretary-General Permanent Court of Arbitration. 14 May 2013 St. Petersburg State University
Remarks on Selected Topics Hugo H. Siblesz Secretary-General Permanent Court of Arbitration 14 May 2013 St. Petersburg State University First of all, many thanks to the St. Petersburg State University
More informationSETTLEMENT OF DISPUTES CLAUSES. [Agenda item 15] Note by the Secretariat
SETTLEMENT OF DISPUTES CLAUSES [Agenda item 15] DOCUMENT A/CN.4/623 Note by the Secretariat [Original: English] [15 March 2010] CONTENTS Multilateral instruments cited in the present document... 428 Paragraphs
More informationMay 11, By: Nigel Bankes
May 11, 2015 ITLOS Special Chamber Prescribes Provisional Measures with Respect to Oil and Gas Activities in Disputed Area in Case Involving Ghana and Côte d Ivoire By: Nigel Bankes Decision Commented
More informationImplementing UNCLOS: Legislative and Institutional Aspects at a National Level
Implementing UNCLOS: Legislative and Institutional Aspects at a National Level Prof. Ronán Long National University of Ireland Galway Human Resources Development and Advancement of the Legal Order of the
More informationPCA Case Nº IN THE MATTER OF THE ARCTIC SUNRISE ARBITRATION. - before -
PCA Case Nº 2014-02 IN THE MATTER OF THE ARCTIC SUNRISE ARBITRATION - before - AN ARBITRAL TRIBUNAL CONSTITUTED UNDER ANNEX VII TO THE 1982 UNITED NATIONS CONVENTION ON THE LAW OF THE SEA - between - THE
More informationPLENARY SESSION FIVE Tuesday, 31 May Rethinking the Zone of Peace, Freedom and Neutrality (ZOPFAN) in the Post-Cold War Era
PS 5 (a) PLENARY SESSION FIVE Tuesday, 31 May 2011 Rethinking the Zone of Peace, Freedom and Neutrality (ZOPFAN) in the Post-Cold War Era by HASJIM Djalal Director Centre for South East Asian Studies Indonesia
More informationFOREWORDS. The Netherlands Minister of Foreign Affairs
VII FOREWORDS A volume on the Hague-based institutions focusing on peace and justice is a multifaceted enterprise. The editors are honoured to note that three aspects of this project are highlighted below
More informationTOPIC TWO: SOURCES OF INTERNATIONAL LAW
TOPIC TWO: SOURCES OF INTERNATIONAL LAW Legal orders have mechanisms for determining what is a source of valid law. Unlike with municipal law, in PIL there is no constitutional machinery of formal law-making
More informationOAU CONVENTION ON THE PREVENTION AND COMBATING OF TERRORISM
OAU CONVENTION ON THE PREVENTION AND COMBATING OF TERRORISM The member states of the Organization of African Unity: Considering the purposes and principles enshrined in the Charter of the Organization
More informationThe SCS Arbitration & the Marine Environment. Robert Beckman Centre for International Law National University of Singapore
2017 SOUTH CHINA SEA WORKSHOP SCS Arbitration and Incidental Maritime Issues 16-17 June 2017, Da Nang, Viet Nam Session 1. Preservation of the Marine Environment The SCS Arbitration & the Marine Environment
More informationTHE ROLE OF AMICUS CURIAE IN THE INTERNATIONAL COURT OF JUSTICE
THE ROLE OF AMICUS CURIAE IN THE INTERNATIONAL COURT OF JUSTICE Dr. Elena Pineros Polo 1 Dr Elena Pineros WHAT IS THE AMICUS CURIAE? There is no definition of amicus curiae. Neither the Statute nor the
More informationHistory, Principles - 01 History of international law - 02 Principles
SYSTEMATIC CLASSIFICATION PEACE PALACE LIBRARY Public International Law 000 1 Reference Works, General - 01 General - 02 Binding force, sanctions - 03 Comprehensive studies, manuals - 04 Institutions and
More informationIntroductory remarks at the Seminar on the Links between the Court and the other Principal Organs of the United Nations.
SPEECH BY H.E. JUDGE PETER TOMKA, PRESIDENT OF THE INTERNATIONAL COURT OF JUSTICE, TO THE LEGAL ADVISERS OF UNITED NATIONS MEMBER STATES Introductory remarks at the Seminar on the Links between the Court
More informationOAU CONVENTION ON THE PREVENTION AND COMBATING OF TERRORISM
1 OAU CONVENTION ON THE PREVENTION AND COMBATING OF TERRORISM The Member States of the Organization of African Unity: Considering the purposes and principles enshrined in the Charter of the Organization
More informationTABLE OF CONTENTS XIII
XIII TABLE OF CONTENTS Forewords The Netherlands Minister of Foreign Affairs Bernard R. Bot The Mayor of the City of The Hague Wim J. Deetman The United Nations Legal Counsel Hans Corell Acknowledgements
More informationSTATEMENT BY JUDGE HUGO CAMINOS, OBSERVER OF THE INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA.
STATEMENT BY JUDGE HUGO CAMINOS, OBSERVER OF THE INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA. Asian-African Legal Consultative Organization 45th Session, New Delhi, Republic Of India 4 April 2006 It
More informationMARITIME BOUNDARY DISPUTES AND ARTICLE 298 OF UNCLOS. Christine Sim 24 August 2017
MARITIME BOUNDARY DISPUTES AND ARTICLE 298 OF UNCLOS Christine Sim 24 August 2017 ARTICLE 298 Optional Exceptions to Applicability of Section 2 1. When signing, ratifying or acceding to this Convention
More informationFrance, Germany, United Kingdom of Great Britain and Northern Ireland and United States of America: draft resolution
United Nations S/2010/283 Security Council Provisional 4 June 2010 Original: English France, Germany, United Kingdom of Great Britain and Northern Ireland and United States of America: draft resolution
More informationPreface to the Seventh Edition
Preface to the Seventh Edition This casebook is designed for an introductory course in international law. It can be used by students across the globe, although we consciously chose to gear its contents
More informationInternational Conference on Maritime Challenges and Market Opportunities August 28, 2017
International Conference on Maritime Challenges and Market Opportunities August 28, 2017 John A. Burgess, Professor of Practice Fletcher School of Law and Diplomacy A Tale of Two Seas The Arctic and the
More informationThe Belt and Road Initiative: The China-Philippines relation in the South China Sea beyond the Arbitration
The Belt and Road Initiative: The China-Philippines relation in the South China Sea beyond the Arbitration Professor Vasco Becker-Weinberg Faculty of Law of the Universidade NOVA de Lisboa The Belt and
More informationCHARTER OF THE UNITED NATIONS With introductory note and Amendments
The Charter of the United Nations signed at San Francisco on 26 June 1945 is the constituent treaty of the United Nations. It is as well one of the constitutional texts of the International Court of Justice
More informationAdvance version. Repertoire of the Practice of the Security Council Supplement Chapter IV VOTING. Copyright United Nations
Repertoire of the Practice of the Security Council Supplement 1996-1999 Chapter IV VOTING Chapter IV Copyright United Nations 1 CONTENTS Page INTRODUCTORY NOTE... 1 PART I. PROCEDURAL AND NON-PROCEDURAL
More informationThe 46 Antarctic Treaty nations represent about two-thirds of the world's human population.
The Antarctic Treaty The 12 nations listed in the preamble (below) signed the Antarctic Treaty on 1 December 1959 at Washington, D.C. The Treaty entered into force on 23 June 1961; the 12 signatories became
More informationThe Asian Way To Settle Disputes. By Tommy Koh and Hao Duy Phan
The Asian Way To Settle Disputes By Tommy Koh and Hao Duy Phan Introduction China has refused to participate in an arbitration launched by the Philippines regarding their disputes in the South China Sea.
More information1899 CONVENTION FOR THE PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES
1899 CONVENTION FOR THE PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES 1 CONVENTION for the Pacific Settlement of International Disputes * His Majesty the German Emperor, King of Prussia; His Majesty the
More informationTara Davenport Research Fellow Centre for International Law
Maritime Security in Southeast Asia: Maritime Governance Session 3 Provisional Arrangements of a Practical Nature: Problems and Prospects in Southeast Asia Tara Davenport Research Fellow Centre for International
More informationSpain and the UN Security Council: global governance, human rights and democratic values
Spain and the UN Security Council: global governance, human rights and democratic values Jessica Almqvist Senior Research Fellow, Elcano Royal Institute @rielcano In January 2015 Spain assumed its position
More informationPART 1 - checklists Course breakdown
PART 1 - checklists Course breakdown 1) Nature + customary international law 2) Law of treaties + other sources of international law 3) Sovereignty and territory 4) Maritime jurisdiction 5) State responsibilities
More informationTHE LEGAL REGIME OF STRAITS USED FOR INTERNATIONAL NAVIGATION
THE LEGAL REGIME OF STRAITS USED FOR INTERNATIONAL NAVIGATION Institute of Diplomacy and Foreign Relations (IDFR) IDFR Maritime Seminar Series Straits of Malacca Kuala Lumpur, 10 November 2009 Professor
More informationIran Resolution Elements
Iran Resolution Elements PP 1: Recalling the Statement of its President, S/PRST/2006/15, its resolutions 1696 (2006), 1737 (2006), 1747 (2007), 1803 (2008), 1835 (2008), and 1887 (2009) and reaffirming
More informationJune 4 - blue. Iran Resolution
June 4 - blue Iran Resolution PP 1: Recalling the Statement of its President, S/PRST/2006/15, and its resolutions 1696 (2006), 1737 (2006), 1747 (2007), 1803 (2008), 1835 (2008), and 1887 (2009) and reaffirming
More informationDECLARATION OF JUDGE AD HOC FRANCIONI
DECLARATION OF JUDGE AD HOC FRANCIONI 1. I have joined the decision of the majority on all the preliminary questions concerning prima facie jurisdiction under article 290, paragraph 5, and admissibility,
More informationOceans and the Law of the Sea: Towards new horizons
SPEECH/05/475 Dr. Joe BORG Member of the European Commission Responsible for Fisheries and Maritime Affairs Oceans and the Law of the Sea: Towards new horizons Address at the Conference of the International
More informationINTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA
INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA Statement by RÜDIGER WOLFRUM, President of the International Tribunal for the Law of the Sea to the Informal Meeting of Legal Advisers of Ministries of Foreign
More informationTHE AUSTRALIAN NATIONAL UNIVERSITY
THE AUSTRALIAN NATIONAL UNIVERSITY ANU COLLEGE OF LAW Social Science Research Network Legal Scholarship Network ANU College of Law Research Paper No. 14 48 Donald R Rothwell The Arbitration between the
More informationINTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA
INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA STATEMENT BY H.E. JUDGE SHUNJI YANAI PRESIDENT OF THE INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA ON AGENDA ITEM 75 (a) OCEANS AND THE LAW OF THE SEA AT
More informationDames & Moore v. Regan 453 U.S. 654 (1981)
453 U.S. 654 (1981) JUSTICE REHNQUIST delivered the opinion of the Court. [This] dispute involves various Executive Orders and regulations by which the President nullified attachments and liens on Iranian
More informationI. Is Military Survey a kind of Marine Scientific Research?
On Dissection of Disputes Between China and the United States over Military Activities in Exclusive Economic Zone by the Law of the Sea Jin Yongming (Institute of Law, Shanghai Academy of Social Sciences,
More informationDr Fraser Cameron Director EU-Asia Centre, Brussels
Dr Fraser Cameron Director EU-Asia Centre, Brussels Importance of SCS The SCS is the largest maritime route after the Mediterranean and a vital corridor for EU trade to and from East Asia - 25% of world
More informationChapter 8: Political Geography. Unit 4
Chapter 8: Political Geography Unit 4 Where Are States Distributed? Introducing political geography State an area organized into a political unit and ruled by an established government that has control
More informationFROM BOSNIA TO KOSOVO AND EAST TIMOR: THE CHANGING ROLE OF THE UNITED NATIONS IN THE ADMINISTRATION OF TERRITORY
FROM BOSNIA TO KOSOVO AND EAST TIMOR: THE CHANGING ROLE OF THE UNITED NATIONS IN THE ADMINISTRATION OF TERRITORY Ralph Wilde* In recent years there has been a resurgence in projects where territorial units
More informationThe idea of an international rule of law
This is an excerpt from the report of the 2010 Brandeis Institute for International Judges. For the full text, and for other excerpts of this and all BIIJ reports, see www.brandeis.edu/ethics/internationaljustice
More informationnations united with another for some common purpose such as assistance and protection
SS.7.C.4.1 Differentiate concepts related to U.S. domestic and foreign policy. Students will recognize the difference between domestic and foreign policy. Students will identify issues that relate to U.S.
More informationEMPLOYMENT OF PERSONS WHO DO NOT MEET CIVIL SERVICE NATIONALITY REQUIREMENTS
Human Resources Silvan House Edinburgh HUMAN RESOURCES MEMORANDUM No. 2 EMPLOYMENT OF PERSONS WHO DO NOT MEET CIVIL SERVICE NATIONALITY REQUIREMENTS Scope and Purpose 1. Civil Service Nationality Requirements
More informationINTERPRETATION IN INTERNATIONAL LAW
INTERPRETATION IN INTERNATIONAL LAW Interpretation in international law? Are there any principles concerning the interpretation of international law? What is the legal character of these principles? Do
More information12 August 2012, Yeosu EXPO, Republic of Korea. Session I I Asia and UNCLOS: Progress, Practice and Problems
2012 Yeosu International Conference Commemorating the 30 th Anniversary of the Opening for Signature of the United Nations Convention on the Law of the Sea 12 August 2012, Yeosu EXPO, Republic of Korea
More informationINTERNATIONAL DISPUTE RESOLUTION SYLLABUS SUMMER 2010 SOUTHWESTERN SUMMER PROGRAM IN ARGENTINA PROFESSOR CARRIE MENKEL-MEADOW
C. Menkel-Meadow Summer 2010 Dispute Resolution INTERNATIONAL DISPUTE RESOLUTION SYLLABUS SUMMER 2010 SOUTHWESTERN SUMMER PROGRAM IN ARGENTINA PROFESSOR CARRIE MENKEL-MEADOW 1 C. Menkel-Meadow Summer 2010
More informationITLOS at 20: Impacts of the International Tribunal for the Law of the Sea Roundtable organised by the London Centre of International Law Practice
ITLOS at 20: Impacts of the International Tribunal for the Law of the Sea Roundtable organised by the London Centre of International Law Practice Statement by the President of the International Tribunal
More informationYour questions about: the Court of Justice of the European Union. the EFTA Court. the European Court of Human Rights
Your questions about: the Court of Justice of the European Union the EFTA Court the European Court of Human Rights the International Court of Justice the International Criminal Court CJEU COURT OF JUSTICE
More informationThe Future of UNCLOS Dispute Settlement: Select Issues in the Light of Philippines v China. Iceland 29 June 2018 Dr Kate Parlett
The Future of UNCLOS Dispute Settlement: Select Issues in the Light of Philippines v China Iceland 29 June 2018 Dr Kate Parlett 1 Select issues 1. Legal and practical consequences of China s non-appearance
More informationCharter United. Nations. International Court of Justice. of the. and Statute of the
Charter United of the Nations and Statute of the International Court of Justice Charter United of the Nations and Statute of the International Court of Justice Department of Public Information United
More informationUnited Nations Conference on the Law of the Sea
United Nations Conference on the Law of the Sea Geneva, Switzerland 24 February to 27 April 1958 Documents: A/CONF.13/C.1/L.3-L.35 Annexes Extract from the Official Records of the United Nations Conference
More informationFINAL COMMUNIQUÉ OF THE ASIAN-AFRICAN CONFERENCE. Bandung, 24 April 1955
FINAL COMMUNIQUÉ OF THE ASIAN-AFRICAN CONFERENCE Bandung, 24 April 1955 The Asian-African Conference, convened upon the invitation of the Prime Ministers of Burma, Ceylon, India, Indonesia and Pakistan,
More informationAnnex I to the Rules of Procedure of the Commission: Solution to a Problem or Problem without a Solution?
Annex I to the Rules of Procedure of the Commission: Solution to a Problem or Problem without a Solution? Legal Order in the World s Oceans: UN Convention on the Law of the Sea Fortieth Annual Conference
More informationELEVENTH EDITION 2018 A COMPREHENSIVE GUIDE TO SHIP ARREST & RELEASE PROCEDURES IN 93 JURISDICTIONS
SHIP ARRESTS IN PRACTICE ELEVENTH EDITION 2018 A COMPREHENSIVE GUIDE TO SHIP ARREST & RELEASE PROCEDURES IN 93 JURISDICTIONS WRITTEN BY MEMBERS OF THE SHIPARRESTED.COM NETWORK Ship Arrests in Practice
More informationThe Practice of the International Court of Justice on Provisional Measures: The Recent Development
The Practice of the International Court of Justice on Provisional Measures: The Recent Development Bernhard Kempen*/Zan He** Introduction 919 I. At which Point Does the Prejudice Reach a Degree of Irreparability?
More informationTo the participants in the Twenty-First Diplomatic Session of November 2007 (by only)
Dear Madam / Sir, To the participants in the Twenty-First Diplomatic Session of November 2007 (by e-mail only) I have the honour to forward to you herewith an electronic copy of the Final Act of the Twenty-First
More informationC: Prior notif. Canada. Djibouti Libya Malta Pakistan Portugal United Arab
Table 3. Coastal.State rights over ships carrying hazardous cargoes A: Oppose both B: Ambiguous C: Prior notif. D: Prior author. E: Prohibition Germany Italya Japan Netherlands Russian Federation Singapore
More informationPROTOCOL RELATING TO AN AMENDMENT TO THE CONVENTION ON INTERNATIONAL CIVIL AVIATION ARTICLE 45, SIGNED AT MONTREAL ON 14 JUNE parties.
PROTOCOL RELATING TO AN AMENDMENT TO THE CONVENTION ON INTERNATIONAL CIVIL AVIATION ARTICLE 45, SIGNED AT MONTREAL ON 14 JUNE 1954 State Entry into force: The Protocol entered into force on 16 May 1958.
More informationCharter of the United Nations and Statute of the International Court of Justice
Appendix II Charter of the United Nations and Statute of the International Court of Justice Charter of the United Nations NOTE: The Charter of the United Nations was signed on 26 June 1945, in San Francisco,
More informationSecurity Council Committee established pursuant to resolution 1718 (2006)
Security Council Committee established pursuant to resolution 1718 (2006) Updated on 15 November 2017 (Originally issued on 10 August 2010) Implementation Assistance Notice No. 1: Information to Assist
More informationWEEK 9- INTERACTION WITH NATIONAL COURTS
WEEK 9- INTERACTION WITH NATIONAL COURTS Overview 1. Introduction 2. Exhaustion of local remedies 3. Consequences of multiple courts exercising jurisdiction 4. Interaction of national and international
More informationWSDC 2010: THE DRAW ROUND ZERO. PROPOSITION versus OPPOSITION NIGERIA CYPRUS CROATIA BULGARIA LEBANON PALESTINE BOSNIA AND HERZEGOVINA RUSSIA
WSDC 2010: THE DRAW ROUND ZERO IMPROMPTU CYPRUS NIGERIA BULGARIA CROATIA LEBANON PALESTINE BOSNIA AND HERZEGOVINA RUSSIA ROUND ONE THAT WE SHOULD SUPPORT MILITARY INTERVENTION IN SOMALIA INDIA IRELAND
More informationPreventive Diplomacy, Crisis Management and Conflict Resolution
Preventive Diplomacy, Crisis Management and Conflict Resolution Lothar Rühl "Preventive Diplomacy" has become a political program both for the UN and the CSCE during 1992. In his "Agenda for Peace", submitted
More informationF A C T S H E E T. The European Union and Iran
Brussels, 14 October 2013 131014/01 F A C T S H E E T The European Union and Iran While the European Union s objective remains to develop with Iran a constructive partnership, from which both sides could
More informationSome legal aspects of the drilling rig incident in the South China Sea in
China. 6 Vietnam asserted that the locations were within Vietnam s exclusive Some legal aspects of the drilling rig incident in the South China Sea in 2014 1 Pham Lan Dung 2 1. The positioning of the drilling
More informationCalsMUN 2019 Future Technology. United Nations Security Council. Research Report. The efficiency of the SC and possible reform
Future Technology Research Report Forum: Issue: Chairs: United Nations Security Council The efficiency of the SC and possible reform Thomas Koning and Nando Temming RESEARCH REPORT 1 Personal Introduction
More informationThe National Police Immigration Service (NPIS) forcibly returned 412 persons in December 2017, and 166 of these were convicted offenders.
Monthly statistics December 2017: Forced returns from Norway The National Police Immigration Service (NPIS) forcibly returned 412 persons in December 2017, and 166 of these were convicted offenders. The
More informationA/HRC/22/L.13. General Assembly. United Nations
United Nations General Assembly Distr.: Limited 15 March 2013 Original: English A/HRC/22/L.13 ORAL REVISION Human Rights Council Twenty-second session Agenda item 3 Promotion and protection of all human
More informationNATO and Energy Security
Order Code RS22409 Updated December 21, 2006 NATO and Energy Security Paul Gallis Specialist in European Affairs Foreign Affairs, Defense, and Trade Division Summary Energy security is becoming an issue
More informationAdopted by the Security Council at its 6141st meeting, on 12 June 2009
United Nations S/RES/1874 (2009) Security Council Distr.: General 12 June 2009 Resolution 1874 (2009) Adopted by the Security Council at its 6141st meeting, on 12 June 2009 The Security Council, Recalling
More informationTHE ASTANA INTERNATIONAL FINANCIAL CENTRE COURT TALK BY SIR RUPERT JACKSON TO THE 2018 HONG KONG INTERNATIONAL COMMERCIAL LAW CONFERENCE
THE ASTANA INTERNATIONAL FINANCIAL CENTRE COURT TALK BY SIR RUPERT JACKSON TO THE 2018 HONG KONG INTERNATIONAL COMMERCIAL LAW CONFERENCE 1. BACKGROUND In 2013 Xi Jinping announced China s Belt and Road
More informationNPT/CONF.2020/PC.I/CRP.2
Preparatory Committee for the 2020 Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons NPT/CONF.2020/PC.I/CRP.2 11 May 2017 English only First session Vienna, 2 May
More informationLaw of the Sea, Settlement of Disputes
Law of the Sea, Settlement of Disputes Patibandla Chandrasekhara Rao Content type: Encyclopedia entries Product: Max Planck Encyclopedia of Public International Law [MPEPIL] Article last updated: March
More informationWorld Refugee Survey, 2001
World Refugee Survey, 2001 Refugees in Africa: 3,346,000 "Host" Country Home Country of Refugees Number ALGERIA Western Sahara, Palestinians 85,000 ANGOLA Congo-Kinshasa 12,000 BENIN Togo, Other 4,000
More informationCharter of the United Nations
Charter of the United Nations WE THE PEOPLES OF THE UNITED NATIONS DETERMINED to save succeeding generations from the scourge of war, which twice in our lifetime has brought untold sorrow to mankind, and
More informationCHARTER OF THE UNITED NATIONS
CHARTER OF THE UNITED NATIONS AND STATUTE OF THE INTERNATIONAL COURT OF JUSTICE SAN FRANCISCO 1945 CHARTER OF T H E UNITED NATIONS WE THE PEOPLES OF THE UNITED NATIONS DETERMINED to save succeeding generations
More informationConference Summary: Revisiting and Innovating Maritime Security Order in the Asia-Pacific. Nanjing, China November 2-4, 2016
Conference Summary: Revisiting and Innovating Maritime Security Order in the Asia-Pacific Nanjing, China November 2-4, 2016 Introduction An international selection of scholars from Asia and North America
More informationINTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA
INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA STATEMENT BY H.E. SHUNJI YANAI PRESIDENT OF THE INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA ON THE REPORT OF THE TRIBUNAL AT THE TWENTY-FOURTH MEETING OF
More informationPCA PRESS RELEASE ARBITRATION BETWEEN THE REPUBLIC OF CROATIA AND THE REPUBLIC OF SLOVENIA
PCA PRESS RELEASE ARBITRATION BETWEEN THE REPUBLIC OF CROATIA AND THE REPUBLIC OF SLOVENIA THE HAGUE, 29 June 2017 Tribunal Determines Land and Maritime Boundaries in Final Award In the arbitration concerning
More informationJapan s Position as a Maritime Nation
Prepared for the IIPS Symposium on Japan s Position as a Maritime Nation 16 17 October 2007 Tokyo Session 1 Tuesday, 16 October 2007 Maintaining Maritime Security and Building a Multilateral Cooperation
More informationArticle 79 of the 1947 Peace Treaty, UN Reports of International Arbitral Awards, Vol XIII, p 397.
A submission to the Iraq Inquiry from Kent Law School concerning Article 2(4) of the UN Charter and its implications for the interpretation of UN Security Council resolutions 1. The jus cogens nature of
More informationInternational Arbitration in the South China Sea
International Arbitration in the South China Sea Figure 1: Claims made by various South Asian Nations on maritime structures in the SCS. Source: The New York Times International Arbitration The South China
More informationIntroduction to IEC and its processes and procedures to develop IEC International Standards
INTERNATIONAL ELECTROTECHNICAL COMMISSION Introduction to IEC and its processes and procedures to develop IEC International Standards Damien LEE Technical Officer IEC Asia-Pacific Regional Centre Contents
More informationARTICLE 7. Table of Contents. Paragraphs. Text of Article 7
ARTICLE 7 Text of Article 7 Table of Contents Paragraphs Introductory Note 1-8 A. Principal organs 1 B. Subsidiary organs 2-8 Analytical Summary of Practice 9-23 A. Nature of subsidiary organs 9-21 1.
More informationCHARTER OF THE UNITED NATIONS. We the Peoples of the United Nations United for a Better World
CHARTER OF THE UNITED NATIONS We the Peoples of the United Nations United for a Better World INTRODUCTORY NOTE The Charter of the United Nations was signed on 26 June 1945, in San Francisco, at the conclusion
More informationCHARTER OF THE UNITED NATIONS TABLE OF CONTENTS:
CHARTER OF THE UNITED NATIONS TABLE OF CONTENTS: Introductory Note Preamble Chapter I: Purposes and Principles (Articles 1-2) Chapter II: Membership (Articles 3-6) Chapter III: Organs (Articles 7-8) Chapter
More informationThis document is downloaded from DR-NTU, Nanyang Technological University Library, Singapore.
This document is downloaded from DR-NTU, Nanyang Technological University Library, Singapore. Title Who governs the South China Sea? Author(s) Rosenberg, David Citation Rosenberg, D. (2016). Who governs
More informationDraft articles on the effects of armed conflicts on treaties
Draft articles on the effects of armed conflicts on treaties 2011 Adopted by the International Law Commission at its sixty-third session, in 2011, and submitted to the General Assembly as a part of the
More informationNumber 4 of 2010 PETROLEUM (EXPLORATION AND EXTRACTION) SAFETY ACT 2010 ARRANGEMENT OF SECTIONS
Number 4 of 2010 PETROLEUM (EXPLORATION AND EXTRACTION) SAFETY ACT 2010 ARRANGEMENT OF SECTIONS Section 1. Short title and commencement. 2. Interpretation. 3. Regulation of petroleum activities. 4. Amendment
More informationNuclear-Weapon Free Zones (NWFZs) Ildar A. Akhtamzyan, Ph.D., Associate Professor, MGIMO- University
Nuclear-Weapon Free Zones (NWFZs) Ildar A. Akhtamzyan, Ph.D., Associate Professor, MGIMO- University Main Points 1. Origins of the idea 2. Tlatelolco Treaty 3. Rarotonga Treaty 4. Bangkok Treaty 5. Pelindaba
More informationUnit 3: International Relations Lesson 4: League of Nations (pp from the IB Course Companion)
Unit 3: International Relations 1918-36 Lesson 4: League of Nations (pp. 52-59 from the IB Course Companion) What is the origin and purpose of the League of Nations? A. Factors leading to the creation
More information