第六章 争端解决.ppt

CHAPTER SIX Settlement of Disputes 第六章 争端解决 Settlement of Disputes 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, inquiry, mediation, conciliation, artbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice”. (article 33) Objective of Dispute Settlement Maintenance of international peace and security. Previously, war was an extension of diplomacy by other means (Carl von Clause-witz). SECTION A. Settlement of disputes under the traditional law of the sea I. Municipal courts 1. The Scottish Court of Justiciary 2. The English law systems 3. The German law systems Settlement of disputes under the traditional law of the sea II. Diplomatic protection III. Negotiations IV. Fact-finding and conciliation commissions Settlement of disputes under the traditional law of the sea V. Arbitration 1. Cases: Muscat Dhows (1905)/North Atlantic Coast Fisheries (1910)/the David (1933). 2. Special arbitral procedures: the 1964 European Fisheries Convention/the 1969 Intervention Convention 3. Exhausting local remedies. Settlement of disputes under the traditional law of the sea VI. The International Court of Justice 1. Article 36(2) of the Statute 2. Cases: 2.1. The Fisheries Jurisdiction case (1974) 2.2. The Nuclear Tests case(1974) 2.3. The Corfu Chunnel case (1949) 2.4. The North Sea Continental Shelf cases(1969) 2.5. The Gulf of Maine and Libyan-Tunisian-Maltese Continental Shelf cases. SECTION B. Settlement of Disputes under the Law of the Sea Convention I. The Basic Framework 1. Conciliation 2. Compulsory settlement 3. The International Tribunal for the Law of the Sea (hereafter, the Sea Tribunal) 4. Arbitral tribunals under Annex VII of the Law of the Sea Convention 5. Special Arbitral Tribunals Part XV Settlement of Disputes Settlement of Disputes under the