国际法Chapter 8.pptVIP

CHAPTER 8INTERNATIONAL DISPUTE SETTLEMENT 8.1 Peaceful Settlement of Disputes as a Requirement of International Law A. Traditional view was that states could resort to force in order to uphold their rights. B. Development of international norms and institutions has led to view that states should settle their disputes by peaceful means . 8.2 RANGE OF MECHANISMS AVAILABLE A. Article 33 of Charter lists number of alternatives means of peaceful dispute settlement; not meant to be exhaustive. B. Mechanisms can be seen as lying at different points along a continuum of third-party involvement and “binding” character. C. Distinction can be made between “diplomatic” means and “adjudicative” means of dispute settlement. 1. Non-adjudicative Procedures a. Negotiation b. Good offices c. Mediation d. Inquiry e. Conciliation 2. Adjudicative Procedures a. Arbitration b. Judicial settlement How shall the dispute over Diaoyutai Islands (Senkaku Islands) be settled? 8.3 INTERNATIONAL COURT OF JUSTICE Judges of the Court A. Composition of the Court 1. 15 members: elected by the General Assembly and the Security Council 2. Judges’ qualification 3. Body as a whole should represent main forms of civilization and legal systems. B. The role of nationality 1. Only one judge of each nationality 2. Party to a dispute may appoint a judge of its nationality if one is not already on the bench C. Overall composition of the Court has changed over the years to reflect the development of regional representation within the U.N. system more generally. Parties before the Court A. Only states can be parties before the court 1. Members of the U.N. are ipso facto parties to the Statute. This includes the great majority of states. 2. Non-members of the United Nations may become parties to the Statute by accepting the conditions laid down by the General Assembly. 3. Any other state may appear before the Court in a particular case provided it accepts the conditions