Tue, Apr 22

POL 309-800, International Law
SUNY Oswego | Spring 2021
Dr. Craig Warkentin

  • Ch. 9, The Peaceful Settlement of Disputes: Arbitration and International Courts (473-502)

  • Describe the methods states use to peacefully settle their disputes.
  • Explain what the International Court of Justice is and how it works.
  • Compare and contrast the ICJ to other major international courts.
  • Assess the value of mechanisms used to peacefully settle disputes.

  • ad litem (498)
  • forum prorogatum (496)
  • non liquet (483)
  • pari passu (492)
  • tribunal (497)

Questions

P. 484

  1. Norway had accepted the Court's compulsory jurisdiction with no exceptions (also called reservations). How then could Norway argue that the Court had no jurisdiction to hear a claim against Norway brought by France?
  2. Judge Lauterpacht came to the conclusion that France had never accepted the Court's compulsory jurisdiction and therefore could not bring suit in the Court using that basis of jurisdiction. What were Judge Lauterpacht's main arguments for dismissing the French claim?

P. 494

  1. Do you agree with the Court's decision that it had jurisdiction to decide the case on the merits?
  2. What do you understand the term "admissibility" to mean?
  3. Do you think that the Court was the best forum for resolving the dispute submitted by Nicaragua against the United States?
  4. If you were advising your state (a) whether or not to accept the Court's compulsory jurisdiction and (b) what type of reservations or conditions, if any, to add to the acceptance, what would you advise and why? If your state decided to accept the Court's compulsory jurisdiction would you advise your state to insert a self-judging, domestic reservation?

Extras

  1. What is the purpose and value of reciprocity in international law? Is reciprocity a good thing or a bad thing for international law? Why?
  2. Does the Mechanism symbolize states' commitment to the peaceful resolution of disputes, an acknowledgment of the difficulties inherent in peacefully resolving disputes, or both? Explain your answer.
  3. Why do states create ad hoc tribunals, rather than permanent courts, to peacefully resolve their disputes?
  4. How do you think states should best resolve their disputes peacefully? Explain your answer and offer specific proposals.

Resources