裁决
法学
管辖权
国际法
政治学
国际公法
国际法院
争议裁决委员会
争议机制
争议解决
替代性争议解决
出处
期刊:The law and practice of international courts and tribunals
[Brill]
日期:2024-08-20
卷期号:23 (2): 183-214
标识
DOI:10.1163/15718034-bja10121
摘要
Abstract Determining the existence of a dispute is key to establishing and exercising jurisdiction in international adjudication by international courts and tribunals. Much has been written on the definition and emergence of a dispute, but there has been almost no scholarly consideration of the question of the ending of a dispute. This article contends that the extinction of a dispute is a separate and independent legal process, distinct from the mere non-fulfilment of the criteria for the definition of a dispute. It conducts a thorough study of the different means of extinguishing a dispute as recognised thus far in the case law of the ICJ and ITLOS , identifying and analysing three methods by which a dispute may be extinguished. It then demonstrates that each such method is deeply rooted in core legal principles related to the international judicial function.
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