DANCEST 301 Lecture Notes - Lecture 5: Equidistance Principle, World Trade Organization, Ipso Facto
Document Summary
Enforcement of the international law is problematic, because it is a horizontal system, there is no central government. Disputes: territorial, regarding the use of sea, hr. Art 33 un charter methods: are also customary law. Mediation and good offices a third party is involved in finding the solution of the dispute, they find a way to a compromise, both parties must accept the mediator. Inquiry- involvement of a 3rd party, objective establishment of the facts. Conciliation try to reach a proposal to solve the dispute, similar to mediation, however, it is more formalized. Arbitration- oldest forms of the dispute settlement, involvement of a 3rd party. Arbitration is flexible, it makes it more attractive. Parties can choose where the tribunal will take place/who is going to be on the panel, also another advantage: parties are more likely to respect the decision; also it is not limited between state actors. The icj - principle judicial organ of the un (art.
