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Enforcement of I nternational Law

Enforcement of I nternational Law. Campbell, Genevieve and Stewart. 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

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Enforcement of I nternational Law

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  1. Enforcement of International Law 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. JUDICIAL SETTLEMENT 2 • 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

  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. 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. Use of force

  9. Unilateral 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. Collective 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. 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 PEACEKEEPING OPERATIONS

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