ENG ELC 220 Lecture 27:
30 Sep 2020
School
Department
Course
Professor
Document Summary
12. 1: introduction: to resolve disputes through law, not war. Il rests on the belief that law will enable peaceful settlement of disputes. Pcj mavrommatis palestine concessions dispute is a disagreement over a point of law or fact, a conflict of legal views or of interests (objective test). Icj nuclear disarmament cases shift to subjective approach to defining dispute. 2(3) un charter all states shall settle their international disputes by peaceful means in such a manner that international peace and security and justice aren"t endangered. 31(1) un charter means of dispute settlement are negotiation, inquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of state"s choice. Icj application of the cerd cooperation of both parties isn"t required for negotiation. Icj north sea continental shelf negotiating states should conduct themselves so that the negotiations are meaningful; meetings would not suffice when either state merely insists upon its own position without contemplating any modification of it.
