International Dispute Settlement
- International legal proceedings (either arbitration or adjudication) provide a distinct means of resolving international disputes and do not necessarily preclude other forms of dispute settlement. Consider how negotiations or mediation intersect with international legal proceedings and explain why these intersections occur as they do.
- Identify two key legal barriers to the participation of individuals in international legal proceedings and argue why those barriers should be removed, modified or
- At the Second Hague Peace Conference, the US Secretary of State Elihu Root commented, ‘the great obstacle of universal adoption of arbitration is not the unwillingness of civilized nations to submit their disputes to the decision of an impartial tribunal, it is rather the apprehension that the tribunal selected will not be impartial’. In light of this comment, consider two mechanisms or requirements that have been put in place to moderate the conduct of judges, arbitrators or advocates and assess how successful those mechanisms or requirements have been.
- Suppose that in light of the long-standing border dispute between the Gambia and Senegal, Senegalese businesses have decided to start shipping goods between north and south Senegal rather than face a ten-hour detour on trucking routes. The Gambian customs officials start halting Senegalese ships and demanding payment of a levy to traverse the Gambian territorial sea. Senegal considers these actions a violation of international law. Advise Senegal as to which court or tribunal would have the strongest basis of jurisdiction to resolve this dispute, explaining why you consider this the strongest basis.
- The primacy of national courts remains a fundamental constraint on the effective operation of international courts and tribunals. Do you agree? Why or why not? Discuss in relation to investor-state dispute settlement or international human rights law.
