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E NFORCEMENT OF I NTERNATIONAL L AW Campbell, Genevieve and Stewart.

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Presentation on theme: "E NFORCEMENT OF I NTERNATIONAL L AW Campbell, Genevieve and Stewart."— Presentation transcript:

1 E NFORCEMENT OF I NTERNATIONAL L AW Campbell, Genevieve and Stewart

2 DISPUTE RESOLUTION Negotiation Discussion between parties without participation of a third party Exists to raise issues in dispute and deal with the coordination of policies e.g. The Group of Eight (G8) – meeting between the 8 largest economic powers.

3 Inquiry States agree to have a third party determine issues of fact relevant to the dispute Mediation and conciliation Involves a third party who either: - acts as an honest broker between States in dispute - makes a binding determination Arbitration Formal method of dispute that involves the parties submitting to a binding decision by an arbitrator States are still able to maintain some control of the selection of arbitrator as well as applicable law and procedure E.g. Permanent Court of Arbitration

4 JUDICIAL SETTLEMENT 1 The ICJ decides disputes between States –decisions are binding on all parties involved States must agree to the ICJ having jurisdiction before it can hear a case - A State can limit the control that ICJ has over disputes by making a optional declaration or a reservation E.g. the UK made declarations with reservations excluding disputes between Commonwealth countries

5 The court may refuse to hear a dispute if it decides a third party is essential to finding a successful resolution The ICJ may give a non-binding a Advisory opinion on issues when requested by other UN agencies There is no mechanism for enforcement of the ICJ’s orders other than the possible referral to the Security Council JUDICIAL SETTLEMENT 2

6 OTHER BINDING MECHANSIMS - a range of international tribunals and courts for the enforcement of international law e.g. International Tribunal for the Law of the Sea WTO dispute settlement panels - settles trade disputes between members European Court of Human Rights (member states only)

7 NON-BINDING MECHANISMS > Non binding mechanisms for implementation of international law > Reporting (regular reports of implementation) > State Complaints (members complain about other members) > Individual Complaints (one may complain about the conduct of a state) > Independent Monitoring of Compliance (independent mechanisms to measure compliance)

8 U SE OF FORCE Prior to 1945 international law allowed states to use military force to resolve disputes. Since the creation of the UN, all member states are required to refrain from the threat or use of force against another state. UN Article 2(4): There are two exceptions to general prohibition on the use of force: self- defence in response to an armed attack (article 51) and collective security measures authorized by the UN security council.

9 U NILATERAL USE OF FORCE A state has the right to collective or individual self- defence. If one state is subject to an armed attack by another state, can request assistance from other states – Collective Self-defence. This also includes the use of self-defence if an armed attack in imminent. Some states push this theory and attack other states without sound evidence of a preemptive strike. Eg. US Invasion of Iraq without actual proof of weapons of mass destruction and intention to use those weapons against the US

10 C OLLECTIVE USE OF FORCE Security council encourages states to resolve their disputes by peaceful means. If there is a threat to international peace the security council can respond. They do not control their own military however. Security council can propose non-forceful sanctions. Also authorise willing states to use delegated force on the security councils behalf. The collective forceful measures are not under UN command but command of one of the participating countries. Eg. Australia led 22 member states into East Timor Security council can authorise regional enforcement agencies to undertake action.

11 PEACEKEEPING OPERATIONS - UN deploys armed troops to assist in implementation of agreements - peacekeepers are impartial to the conflict - force is not authorized except in defense - security council controls - traditionally excludes fabulous 5 troops - ceasefires; organization + supervision - monitoring human rights obligations - humanitarian relief - 53 operations; 40 since 1988 - 14 current peacekeeping operations

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