Suchergebnisse

AbstractA dispute brought before an international court or tribunal pursuant to a compromissory clause in a specific treaty may involve issues under rules of international law found outside of the treaty in question. In what circumstances can a court or tribunal determine such external issues? At present, there is no clear answer to this question. This article sets out a framework for how courts and tribunals exercising jurisdiction under compromissory clauses could approach external issues.

This year's Annual Meeting theme, "International Law as an Instrument," invites us to reflect on, among other things, the ways in which actors use international law to resolve their disputes. Are obligations to negotiate a tool that states have at their disposal to help them resolve disputes? Does the claim by one state of a legal obligation to negotiate bring other states to the negotiating table? Or does it have the opposite effect?