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Max Planck Encyclopedia of International Procedural Law [MPEiPro]

Out-of-Court Settlement

Yoshifumi Tanaka

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 04 August 2020

Consent to jurisdiction — Parties to the dispute (and jurisdiction) — Negotiations and consultation

Published under the direction of Hélène Ruiz Fabri, with the support of the Department of International Law and Dispute Resolution, under the auspices of the Max Planck Institute Luxembourg for Procedural Law.

1 The dispute settlement system in international law is regarded as a consent-based system in the sense that it relies on consent of the parties in dispute (Consensual Principle). Under this system, States can freely select relevant means of international dispute settlement in accordance with the principle of free choice of means (Tanaka, 2018, 7). The respect of the will of the parties to a dispute is at the heart of the international dispute settlement system. The consent-based nature of the international dispute settlement system can be viewed as a corollary of...
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