• Describe the methods of international dispute settlement including the use of both diplomacy (alternative dispute resolution) and international tribunals (ICJ, WTO).
Your paper must include the following: Develop a four- to five-page paper that describes the methods of international dispute settlement as described in Chapter Three of the textbook.You are encouraged to use Westlaw, should also consider using the websites listed as recommended reading for this course, as well as other credible sources from the Internet that may support their writing. The websites of the International Court of Justice (Links to an external site.)Links to an external site. (http://www.icj-cij.org/homepage/index.php) and the World Trade Organization (Links to an external site.)Links to an external site. (http://www.wto.org) are strongly suggested.
Questions to answer on paper
- Describe the methods of international dispute settlement including the use of both diplomacy (alternative dispute resolution) and international tribunals (ICJ, WTO).
- Describe the advantages and disadvantages of each method of international dispute resolution.
- Provide an opinion as to how these methods affect international trade and business decisions.
ESSAY START HERE
There many methods that can uses to settle dispute with going into further legal action. For instance, option of using alternative dispute resolution. Alternative dispute resolution is the use of methods such as mediation and arbitration to resolve a dispute instead of litigation. Another form of method is the International tribunals, also known as the international criminal court where it can exercise its jurisdiction when certain conditions are met, such as when national courts are unwilling or unable to prosecute criminals or when the United Nations Security Council or individual states refer situations to the Court per, (wikipedia)
Recent decades have seen a
During the years there have being rise within the United States of a multitude of dispute resolution methods as partial alternatives to litigation. According to the Martindale-Hubbell Dispute ResolutionDirectory (1995) describes more than a dozen options, including arbitration, dispute review board, early neutral evaluation, fact finding, mediation, mediation-arbitration, mini-trials, multi-door Courthouses, negotiation, facilitation, conciliation, partnering, private judging, settlement conferences, and summary jury trial.
While there are many options of dispute resolutions available in this paper we will be discussing only few of them. Starting with arbitration, the purpose of arbitration is come up with a final discussion between parties. Leverage expeditious and is it also less expensive than going through litigation which can be a longer process and less favorable methods to use on settling dispute. one of the thing about arbitrations it was designed to avoid litigation and to secure prompt settlement the entire controversy out of court. Another option is private judging resolution also known as rent-a-judge, where parties agree to hire a private judge to hear and decide a case. The trail has all the procedures and feature of traditional court trail, however, in this type of resolution parties are more flexible in the rules.
A third resolution is mediation, mediation is formal practice that is widely used in many type disputes between parties. The purpose of the mediation is to assists the opposing parties to reach a voluntary decision. Without having to settle in court. The form of resolution is increasing popularity among disputants and courts. Last resolution, Negotiation is a process of engaging in the discussion of the matters that cause the dispute and reconciling the divergent positions to resolve the dispute. The fourth resolution is conciliation this refers to a diplomatic technique of third-party passive settlement in which a dispute is brought up by the parties with their consent to an enduring and ad hoc commission that its task is neutrally to scrutinize the disagreement and to organize a information with the suggestion of a concrete proposal.
Compare these methods to litigation used in municipal courts (domestic courts of sovereign nation-states).
The international tribunal operate in several countries which includes Lebanon, Cambodia, Sierra Leone, Rwanda, and Yugoslavia and the purpose of tribunalcourt is to prosecuting war criminals. Such case that cannot be settle in regular court for example war criminal, military personnel, politicians and civilians during are conflict. In addition,the above tribunal judges drawn from their country concerned and the international community. Also operate according to the law of their country which can also be combine of international or domestic law.
Domestic dispute can be handle by mediation member, or retire judge When domestic arbitration does not work. However, tribunal case work differently; international tribunal such as the international Council of Justice a dispute resolution pane arbitration. The ICJ can settle dispute in accordance to international law or they can be an advisory on given their opinion on legal question per, (August, 2009) This type of case could be criminal law which the state argues that the person or businesses violate the law and the judge settle the case with both parties involve. In addition to international Council of Justice there is World Trade Organization(WTO) and the Northern American Free Trade Agreement The WTO dispute merges when one party of the government believe another party of government is violating an agreement. The WTO has created a permanent dispute settlement body (DSB) to coordinate a formal dispute resolution process when informal methods, such as consultations, are unsuccessful.What happened when the disputes are unsuccessful.A sovereign has the ultimate authority and jurisdiction of he/ she region. A sovereign entity can decide and administer its own laws can determine the use of its land and do as he /she want also is free of external influence in the boundary of international law.
Describe the advantages and disadvantages of each method of international dispute resolution.
The advantages alternative dispute resolution arethe parties can select a judge with qualifications, the ability to schedule hearings, a proceeding before a private judge may be confidential until a judgment is rendered, and the ability to schedule hearings. furthermore, per, DMT Legal It allows more creativity and flexibility over settlement options than resolving a dispute through the courts. engaging in mediation can maximise cost and time savings and helps to achieve the overriding objective of the courts to deal with cases justly and proportionately. The disadvantage in an international dispute resolution are court is confrontational parties are cross examined.This can be stressful and this can impact detrimentally on your personal and business life, speed it takes longer to resolve a dispute through the courts whereas most mediations last only a day although preparation is required.
- Provide an opinion as to how these methods affect international trade and business decisions.
What type of tribunal there are. Example of tribunal type?
http://nationalunitygovernment.org/pdf/Sovereignty-Guidelines-Alessandro-Pelizzon.pdf
New Jersey Practice Series TM April 2017 Update Civil Practice Forms James H. Walzer, Purpose of arbitration
14. Referral of dispute by court to private or retired judge. Robin C. Larner, J.D. and Thomas Smith, J.D.Ohio Jurisprudence, Third Edition
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