Summary: Hc - Public International Law

Read the summary and the most important questions on HC - Public International Law

• 1 Week 1

• 1.1 Introduction to Public International Law

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• What are the fundamentals of international dispute settlement?

  * Disputes are a fairly normal aspect of international relations
  * States are free to resolve their own disputes, but they are obliged to do so peacefully.

• What are the different types of dispute settlement as per Article 33 of the UN Charter?

  * Judication is when a court renders a binding judgement based on the law
  * Negotiation (non-binding)
  * Mediation (non-binding)
  * Conciliation (non-binding)
  * Enquiry (non-binding)

• There are different types of adjudicatory bodies. What is the International Court of Justice and why is it particulary important for our purposes?

  The International Court of Justice is a principle body of the United Nations. It is particularly important for our purposes, because it has competence as an institution to deal with the entire field of public international law. The ICJ (with the UN General Assembly, the Security council and the Secretary General) is the primary institution of international dispute settlement.

• What are other standing/permanent bodies that have judges for a fixed term?

  • the European Court of Human Rights and the International tribunal for law of the sea.
    

• What are ad hoc institutions?

  Arbitrators come into existence to settle a particular range of disputes and are dissolved after the dispute is settled. In most situations, those are 5 arbitrators. Examples of this are the case of Russia vs. Netherlands and China vs. Philippines.

• What is a Special agreement in terms of methods of consent for adjudicatory bodies like the ICJ?

  - A small treaty that states conclude to refer their dispute to the ICJ or an arbitration tribunal
  - Defined in ICJ Statute art. 36(1)
  
  Retrospectively, (for already existing disputes) 
   

• What does a Compromissory Clause allow in terms of methods of consent for adjudicatory bodies like the ICJ?

  - Allows parties to refer to a court at a later point in time
  - Specified in ICJ Statute art. 36(1)
  
  Prospective

• What are Optional clause declarations specific to in terms of methods of consent for adjudicatory bodies like the ICJ?

  - Specific to the ICJ
  - Unique to ICJ Statute art. 36(2)
  - Not applicable to tribunals
  
  Prospective

• What is Forum prorogatum and its significance in terms of methods of consent for adjudicatory bodies like the ICJ?

  - Specific to the ICJ as per ICJ Rules art. 38(5)
  - Allows a state to subsequently accede to jurisdiction of the ICJ after an application is filed
  
  Retrospectively, (for already existing disputes) 

• There are two types of jurisdiction of the ICJ:

  1. Contentious Jurisdiction
  2. Advisory Opinions (art. 96 UN Charter)