Dispute Resolution by the courts and alternative dispute

Dispute Resolution: by the courts and alternative dispute resolution

Public International Law (Peace) International Criminal Law (Use of Force/Laws of War) • International Court of Justice (ICJ) • Permanent Court of Arbitration (PCA) • International Tribunal for the Law of the Sea (ITLS) • International Criminal Court (ICC)

Ø Dispute Resolution by the Courts 1. International Court of Justice (ICJ) http: //www. icj-cij. org/homepage 2. International Criminal Court (ICC) https: //www. icc-cpi. int/ Ø Dispute Resolution Outside the Courts (alternative dispute resolution) 1. Permanent Court of Arbitration (PCA) https: //pca-cpa. org/en/home/

International Court of Justice (ICJ) It is the principal judicial organ of the United Nations. It was established by the UN Charter, signed in San Francisco 1945. It began its work in 1946. Jurisdictions of ICJ: 1. Contentious Case – the ICJ sets legal disputes between States submitted to it by them. 2. Advisory Opinion – the ICJ gives advisory opinions on legal matters referred to it by duly authorized United Nations organs and specialized agencies. The Court has no jurisdiction to deal with applications from individuals, non-governmental organizations, corporations or any other private entity. However, a State may take up the case of one of its nationals and invoke against another State the wrongs which its national claims to have suffered at the hands of the latter; the dispute then becomes one between States. (Diplomatic Protection)

Permanent Court of Arbitration (PCA) Established in 1899 to facilitate arbitration and other forms of dispute resolution between states, the PCA has developed into a modern, multi-faceted arbitral institution perfectly situated to meet the evolving dispute resolution needs of the international community. PCA administers international arbitrations concerning disputes arising out of treaties, including bilateral investment treaties and multilateral treaties, and other instruments. The PCA also plays an important role under the UNCITRAL Rules.

International Criminal Court (ICC) ICC has jurisdiction to try individuals accused of war crimes or crimes against humanity. It was set up by the Rome Statue 2002. Previous tribunals dealing with criminal cases: - National courts; - Ad hoc Criminal Tribuals – Tribunal for the former Yogoslavia; Tribunal for Rwanda; Special Court for Sierra Leone

Specialist International Tribunals/Courts: - European Court of Justice (https: //curia. europa. eu/) - European Court of Human Rights The European Court of Human Rights is an international court set up in 1959. It rules on individual or State applications alleging violations of the civil and political rights set out in the European Convention on Human Rights. Since 1998 it has sat as a full-time court and individuals can apply to it dire. (http: //www. echr. coe. int/Pages/home. aspx? p=home) - Inter-American Court of Human Rights (http: //www. corteidh. or. cr/)

- International Tribunal for the Law of the Sea (ITLS) is an independent judicial body established by the United Nations Convention on the Law of the Sea to adjudicate disputes arising out of the interpretation and application of the Convention. It is also open to entities other than States Parties, i. e. , States or intergovernmental organisations which are not parties to the Convention, and to state enterprises and private entities "in any case expressly provided for in Part XI or in any case submitted pursuant to any other agreement conferring jurisdiction on the Tribunal which is accepted by all the parties to that case" (Statute, article 20). (https: //www. itlos. org/en/the-tribunal/)