DANCEST 805 Lecture Notes - Lecture 12: Endangerment, Lagrand Case, Twill
Document Summary
Art 2(3) unc: international law doesn"t oblige states to settle their disputes disagreements can simmer for years but if they try to solve it, they must find a peaceful solution. Art 33 unc: states must seek a peaceful solution if their dispute is likely to endanger international peace and security. Diplomatic means are preferred by states because they remain in control of the resolution process. Led to creation of the permanent court of international justice. Not limited to disputes between states: mixed arbitration = the settlement of disputes between states on the one side and individuals or corporations on the other. Always based on the consent of the disputing parties. More felxible and speedy than icj because the parties can influence to composition of the tribunal, the number and identity of the arbitrators, applicable legal sources and procedural rules, if confidentially or not but costs a lot. Lacks the consistent parctice offered by a permanent court.
