How and Why Legal Disputes Can Be Mitigated Chapter

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Legal Disputes

Memo: Important considerations when delving into international legal disputes

In considering international legal issues, this paper references legal essayist Shirley V. Scott, who points out in the book Litigating International Law Disputes (editor, Natalie Klein, 2014) that there are a "range of methods of dispute resolution" when it comes to international law. Scott notes that negotiation, mediation, and conciliation are three potential legal remedies when there is a dispute at the international level. There are several international courts and tribunals that handle international legal disputes, Scott explains, but it is " ... far more usual for states to settle differences through diplomacy and bilateral negotiations" (Scott, 24).

However, if litigation is the preferred framework for resolving an international dispute, the place to start is Article 33(1) of the United Nations Charter, Scott explains (24). In Article 33 (1) the UN Charter states: "The parties to any dispute, the continuance of which is likely to endanger the maintenance of international peace and security, shall, first of all, seek a solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement ... " or other potential and peaceful remedies (www.un.org). Of course the UN does not obligate states or parties to resolve their disputes, it simply requests that both parties attempt to find peaceful solutions.Download full Download Microsoft Word File
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TOPIC: Chapter on How and Why Legal Disputes Can Be Mitigated Assignment

Another framework for the resolution of international disputes is the International Court of Justice (ICJ); Scott points out that there are many international courts and tribunals in the world today, but on the other hand states "rarely turn to litigation as a first step" when there is a political dispute (29). Under what circumstances is the ICJ typically used? The ICJ usually takes cases that evolved from disputes about state boundaries; in these cases, states have perhaps already engaged in military conflict, or there is a stalemate and states believe continuing an unresolved conflict would be too expensive and costly to citizens, hence, they turn to courts. An example of another issue that required the resolution of an international legal dispute was the series of nuclear tests that France was conducting in the South Pacific in 1974. After ten years of bilateral negotiations did not resolve the problem, New Zealand and Australia went to the ICJ demanding France cease conducting these tests. France shortly thereafter announced "... it had completed… [END OF PREVIEW] . . . READ MORE

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