{"id":10392,"date":"2022-07-14T20:15:30","date_gmt":"2022-07-14T20:15:30","guid":{"rendered":"http:\/\/legalblog.ie\/inter-state-disputes\/"},"modified":"2022-12-03T21:13:34","modified_gmt":"2022-12-03T21:13:34","slug":"inter-state-disputes","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/inter-state-disputes\/","title":{"rendered":"Inter-State Disputes"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/inter-state-disputes\/#Methods_of_Resolution\" title=\"Methods of Resolution\">Methods of Resolution<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/inter-state-disputes\/#Commissions_of_Inquiry\" title=\"Commissions of Inquiry\">Commissions of Inquiry<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/inter-state-disputes\/#Internaitonal_Organisations\" title=\"Internaitonal Organisations\">Internaitonal Organisations<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/inter-state-disputes\/#International_Court\" title=\"International Court\">International Court<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/inter-state-disputes\/#Limits_to_Binding\" title=\"Limits to Binding\">Limits to Binding<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/inter-state-disputes\/#Types_of_Adjudication\" title=\"Types of Adjudication\">Types of Adjudication<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/inter-state-disputes\/#International_Criminal_Court\" title=\"International Criminal Court\">International Criminal Court<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/inter-state-disputes\/#WTO\" title=\"WTO\">WTO<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/inter-state-disputes\/#Investment_Disputes\" title=\"Investment Disputes\">Investment Disputes<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/inter-state-disputes\/#ICSID_Tribunals\" title=\"ICSID Tribunals\">ICSID Tribunals<\/a><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Methods_of_Resolution\"><\/span>Methods of Resolution<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Disputes between States are not usually settled by judicial means.\u00a0 Diplomacy is a process of negotiation or mediation between States.\u00a0 It is commonly used to informally resolve disputes.\u00a0 It may also be used in disputes between States and international institutions.<\/p>\n<p>Negotiation involves settlement by discussion and compromise.\u00a0 Negotiation may take place through diplomatic means or through particular authorities or bodies.<\/p>\n<p>Mediation involves a third party who liaises and transmits proposals between the parties.\u00a0 The mediator may also make his own proposals.\u00a0 The mediator uses his good offices with a view to facilitating an agreed solution. Mediation may take place only with the consent of the parties.\u00a0 The mediator must be an acceptable third party.<\/p>\n<p>A mediator may make a formal investigation of a proposal and take a more proactive approach.\u00a0 This process is referred to as conciliation.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Commissions_of_Inquiry\"><\/span>Commissions of Inquiry<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Inquiries may be used to resolve disputes between states where they arise in relation to matters of fact.\u00a0 The Hague Convention on the Pacific Settlement of International Disputes promoted the use of Commissions of Inquiry to determine facts between the States.<\/p>\n<p>The Second Hague Convention 1907 on the Pacific Settlement of International Disputes provided more extensive and less restrictive rules for Commissions of Inquiry. States could agree in advance to be bound by the result of the inquiry.<\/p>\n<p>Commissions of Inquiry are sometimes established by treaties between States.\u00a0 Commissions of Inquiry are less common in modern times than was formerly the case.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Internaitonal_Organisations\"><\/span>Internaitonal Organisations<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Disputes between states or intergovernmental organisations which cannot be resolved by negotiation, diplomacy, or mediation may be referred to a tribunal for dispute resolution.\u00a0 Examples are the International Court of Justice and the dispute resolution panel of the World Trade Organisation.\u00a0 They may be referred to ad hoc arbitration entities.<\/p>\n<p>Disputes between private persons and States or organisations are usually heard in domestic courts or by an arbitration body, such as the International Centre for the Settlement of Investment Disputes.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"International_Court\"><\/span>International Court<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The International Court of Justice is the judicial branch of the United Nations.\u00a0 It sits in The Hague.\u00a0 The Court settles disputes submitted by states in accordance with international law.\u00a0 It also gives opinions on the questions referred to it by certain organs and agencies.<\/p>\n<p>The International Court of Justice comprises 15 judges elected for nine-year terms.\u00a0 They are elected by the United Nations, General Assembly and Security Council.\u00a0 They do not represent the government which nominates them and are wholly independent of them.<\/p>\n<p>The United Nations Charter confirms that all members of the United Nations are automatically party to the Statute of the International Court of Justice.\u00a0 Others may adhere to it without being members, but they must abide by the Court&#8217;s decisions if they do so.<\/p>\n<p>The International Court of Justice may hear a contentious case.\u00a0 The States must recognise its jurisdiction.\u00a0 This is usually done on a case-by-case basis under a special agreement to let the Court decide the case.\u00a0 Sometimes disputes resolution forums are made permanent in bilateral or multilateral treaties.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Limits_to_Binding\"><\/span>Limits to Binding<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Most States have placed conditions and restrictions on the extent to which they are bound by the decision of the Court other than in cases to which they specifically submit to jurisdiction. Generally, states are obliged to respond to a suit brought against it only if the State bringing the suit has also accepted the jurisdiction of the Court.\u00a0 Where both States have limited jurisdiction, the ICJ may hear a case only to the extent that both States have agreed to the same matters.<\/p>\n<p>Under the principle of self-judging reservation, states may avoid the court&#8217;s jurisdiction previously accepted if they decide not to respond to a particular suit. It is commonly exercised when a state determines that a particular dispute is of domestic rather than international character, and thus domestic jurisdiction applies.<\/p>\n<p>If a state invokes the self-judging reservation, another state may also invoke this reservation against that state, and thus a suit against the second state would be dismissed. This is called the rule of reciprocity and stands for the principle that a state has to respond to a suit brought against it before the ICJ only if the state bringing the suit has also accepted the court&#8217;s jurisdiction.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Types_of_Adjudication\"><\/span>Types of Adjudication<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The type of disputes heard by the ICJ includes such matters as disputes over fishing and border disputes.\u00a0 Commercial disputes are not commonly heard.<\/p>\n<p>Advisory jurisdiction allows courts to give opinions on the issues of international law at the request of the United Nations or some of its agencies.\u00a0 This may not be done to make a State party to a dispute without its consent.<\/p>\n<p>A decision of the ICJ has binding force only in respect of the parties to the case.\u00a0 They have limited precedent value.\u00a0 The Court is not bound by its earlier decision.\u00a0 However, as regards the parties to the dispute, the judgment is final and not subject to appeal.<\/p>\n<p>States generally comply with the judgments of the Court voluntarily.\u00a0 There is no method to compel enforcement of a judgment.\u00a0 Under the United Nations Charter, the party in whose favour the judgment is made may have recourse to the Security Council which may make recommendations for measures to give effect to the judgment.\u00a0 This has not been done in practice.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"International_Criminal_Court\"><\/span>International Criminal Court<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The International Criminal Court is a permanent court dealing with serious criminal offences affecting the international community generally. It is governed by its own statute. More than half of the states in the world have acceded to the instrument which establishes the court.<\/p>\n<p>The Court may hear cases against individuals in relation to genocide, war crimes, and wars against humanity and assist in any such matters. This includes military commanders and other superior officers as defined.<\/p>\n<p>The accused must be a national of a State which is a party to the Statute.\u00a0 The crime must take place in the territory of the state party. \u00a0The jurisdiction applies to matters occurring since 1st July 2002.<\/p>\n<p>The case may not be heard if it may be heard by a State within its jurisdiction. If, however, the State concerned is not willing to investigate or prosecute, the Court may take jurisdiction.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"WTO\"><\/span>WTO<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The World Trade Organisation implements rules of international trade between the States.\u00a0 The rules may be in WTO agreements, including the General Agreement on Trade and Tariff, General Agreement on Trade and Services and Agreement on Trade-Related Aspects of Industrial Property Rights.<\/p>\n<p>The WTO dispute resolution process is governed by the understanding on the rules and procedures covering the settlement of disputes. See separately in relation to the World Trade Organisation and its dispute settlement procedures.<\/p>\n<p>States are encouraged to resolve disputes by conciliation.\u00a0 Under the WTO agreement, States are obliged to partake in conciliation. A dispute may be referred as below if a member fails to respond to a request for conciliation or fails to engage within a certain period.<\/p>\n<p>A WTO dispute settlement body is established. The dispute settlement bodies may be the Dispute Settlement Body, the Dispute Settlement Panel, or the Appellate Panel.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Investment_Disputes\"><\/span>Investment Disputes<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The International Centre for the Settlement of Investment Disputes was created in 1965.\u00a0 It is sponsored by the International Bank for Reconstruction and Development, known as the World Bank.\u00a0 The Bank\u2019s purpose is to encourage investment in less developed countries. It provides a mechanism for resolving disputes between investors and countries of investment, including in particular relating to forced appropriation.<\/p>\n<p>The body has an Administrative Council, Secretaries and two Panels of Experts.\u00a0 It is made up of representations of the State parties and is chaired by the President of the World Bank.\u00a0 It adopts its own rules regarding conciliation and arbitration. The Council chooses Panels of Arbitrators and Conciliators from nominees presented by the Member States.<\/p>\n<p>The private investors and the State party may agree on the rules governing the arbitration.\u00a0 The third-party States, including the private party, may not intervene.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"ICSID_Tribunals\"><\/span>ICSID Tribunals<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>ICSID Arbitration Tribunals may only decide matters arising out of an investment.\u00a0 The jurisdiction of the Centre extends to disputes arising out of an investment.\u00a0 There is no definition of investment. It has a common meaning and is broadly defined.<\/p>\n<p>Agreement to an ICSID arbitration excludes other remedies.\u00a0 The case cannot be tried in any domestic or international court thereafter as far as it would have jurisdiction.<\/p>\n<p>There is a range of choices in the selection of arbitrators.\u00a0 The parties may agree on any number, but it must be an odd number.\u00a0 They may be persons agreed upon by the parties.<\/p>\n<p>Civil courts of states sometimes determine international disputes.\u00a0 They may include civil wrongs and crimes where the wrongful act did not occur in the State hearing the case.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-10392\" data-postid=\"10392\" class=\"themify_builder_content themify_builder_content-10392 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Methods of Resolution Disputes between States are not usually settled by judicial means.\u00a0 Diplomacy is a process of negotiation or mediation between States.\u00a0 It is commonly used to informally resolve disputes.\u00a0 It may also be used in disputes between States and international institutions. Negotiation involves settlement by discussion and compromise.\u00a0 Negotiation may take place through [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[139],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/10392"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=10392"}],"version-history":[{"count":3,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/10392\/revisions"}],"predecessor-version":[{"id":21033,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/10392\/revisions\/21033"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=10392"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=10392"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=10392"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}