SETTLEMENT OF DISPUTES1. [International] dispute definedDefinition- a contest of specificity, between states the resolution of which has some practical effect on the relations between the states involved.Parties- It may also involve a dispute between a state and an international organization or person with international personality, or between such organizations or personsExamples- The claims of the Philippines over certain territoriesa. Philippines claims sovereignty over certain of the Spratly Islands, known as Kalayaan Islands which is also claimed by China, Malaysia, Taiwan and Vietnamb. Philippines claims to Malaysias Sabah State in northern BorneoMethods of settlement i. Pacific1. Diplomatic means negotiations, good offices, mediation, inquiry, and conciliation 2. Legal or judicial arbitration, judicial determination by an international courtii. Violent [HOSTILE]1. Severance of diplomatic relations2. Retorsion3. Reprisala. freezing of assets of the nationals of the other stateb. embargoc. pacific blockaded. non-intercoursee. boycott

2. Role of the UN in dispute settlementa. UN organs involvedi. The Security Council 1. Basis 2. Scope3. Who brings dispute to the Security Council4. Actions of the Security Council5. Obligation of UN member-states6. Examples where Security Council gave go-signal for the use of armed force to settle disputes (aka ENFORCEMENT ACTIONS)7. Examples where Security Council DID NOT give go-signal to the use of armed forcesii. The General Assembly1. Basis2. Condition3. Action of the GAb. Methods of settlement available/employedi. Peaceful meansii. Other appropriate measures [BUT NOT the hostile methods]

3. Diplomatic (pacific) methoda. Negotiationb. Inquiryc. Mediationd. Tender of good officese. Conciliationf. Arbitrationg. Judicial settlementh. Resort to treaty-created tribunalsi. Resort to regional organizations

4. Arbitrationa. Definition b. Object c. How is recourse doned. Binding effecte. Examplesf. The UN Convention on the Recognition and the Enforcement of Foreign Arbitral Award

5. Settlement of disputes under the Law of the Seaa. Available means of settlementb. Rules on compulsory jurisdiction

6. Settlement of disputes under the WTO

7. Judicial settlements by International Courts

8. The International Court of Justicea. Composition of ICJb. Functionsi. Adjudicatory (decide contentious cases)1. Basis 2. Who may be parties3. Binding effect of decisions of ICJii. Advisory opinions

c. Sample decisions of the ICJ

Nicaragua v. US

Mexico v. US

d. Sample advisory opinion of the ICJ

Legal Consequence of the Construction of a Wall in the Occupied Palestinian Territory

9. Employment of force as acts of self-defensea. Basisb. Requirements of self-defensec. Concept of anticipatory [preemptive] self-defense

10. Illustrative case on acts of self-defense

Nicaragua v. United States

11. Settlement of dispute by use of force [war]a. Definition of warb. The laws of warc. Rules

12. Humanitarian law of armed conflictsa. Important treaties constituting humanitarian law on armed conflictsb. Basic rules

13. Civil warsa. Definitionb. Kinds of civil warc. True test of existence of civil war

14. Criminal prosecution of war crimesa. Purpose of prosecutionb. Examples

15. Effects of war or belligerency

16. The International Criminal Courtsa. International Military Tribunalb. International Criminal Tribunal c. International Criminal Courti. Established by the Rome Statute of International Criminal Courtii. The 1st international criminal courtiii. Ratification of the Rome Statute

Pimentel v. Office of the Secretary

iv. Crimes within the jurisdiction of the ICC

I.