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Max Planck Encyclopedia of International Procedural Law [MPEiPro]

Recommendation of the Security Council to Refer a Dispute to Adjudication

Erika de Wet

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 30 July 2021

Acts of international organizations — Jurisdiction — Settlement of disputes

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 A recommendation of the United Nations, Security Council (‘UNSC’) to refer a dispute to adjudication concerns the competence of the UNSC to refer legal disputes to the International Court of Justice (ICJ). This is facilitated by Article 36 (3) United Nations Charter (‘UN Charter’) which, along with the complete Article 36, determines as follows: 2 Article 36 falls within Chapter VI UN Charter that consists of Articles 33 through 38. It concerns the role of the UNSC in the pre-adjudicatory phase of disputes, as opposed to the post-adjudicatory phase. The latter,...
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