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11 Dispute Settlement and the International Court of Justice

From: Problems and Process: International Law and How We Use It

Rosalyn Higgins

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 11 December 2023

Jurisdiction — International courts and tribunals, procedure — Advisory opinions — Subject matter of the dispute (and jurisdiction) — Reservations and exceptions
We have seen that, in a decentralized system, a variety of participants invoke international law in advancing claims against each other. They do so with varying degrees of seriousness over the extent to which they really believe that their conduct or claims comply with the requirements of international law. But, at the moment at which the parties to a legal controversy believe that the preferred solution is to have the issue resolved authoritatively by a third party, there arises the possibility for an international tribunal to act. There are really three kinds of...
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