Public International Law 2019-2020

Worksheet 6

April 21, 2020

Settlement of Disputes
Readings:
Outline Introduction to International Law, pp. 248-261
Article 3 of UN Charter (optional)
Case Concerning Land Maritime Boundary between Cameroon and Nigeria, 2002 (optional)
1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral
Awards (optional)
1985 UNCITRAL Model Law (optional)
Peace Treaties Case, 1950 (optional)

Questions:

1. Define the term “international dispute”.

2. State the principle enunciated in Article 3 of the UN Charter.

3. Define the following pacific modes of settlement of disputes:

a. Negotiation
b. Enquiry
c. Tender of Good Offices
d. Mediation
e. Conciliation
f. Arbitration
g. Judicial Settlement
h. Resort to Regional Organizations

4. According the Case Concerning Land and Maritime Boundary between Cameroon and
Nigeria, is there a requirement under international law that States should exhaust
all possible negotiations before bringing a dispute before a tribunal?

5. When would the principle enunciated in the Case Concerning Land and Maritime
Boundary between Cameroon and Nigeria not apply

6. What is the function of an enquiry?

7. Is the participation of third parties allowed in arbitration? Why or why not?

8. What are the primary obligations of state-signatories to the 1958 New York
Convention on the Recognition and Enforcement of Foreign Arbitral Awards?

9. What are the differences between arbitration and judicial settlement?

10. What are similarities and differences between the ICJ and Philippine domestic
courts with regard to the rules on justiciability, ripeness, and mootness?

11. What is the optional jurisdiction clause?

12. Define the following hostile methods of dispute resolution:

a. Severance of diplomatic relations

b. Retorsion
c. Reprisal

13. Differentiate the jurisdiction of the UN Security Council from that of the UN
General Assembly with regard to the settlement of disputes.