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CHAPTER 3

Disputes involving private parties
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International disputes must either be heard

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•

DISPUTE
RESOLUTION

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in a domestic system using domestic law (with the consent of both parties) unless the dispute is between 2 states (then an international tribunal/court can be convened).

The law of the forum, where the dispute is being heard, will supply the procedural rules that will allow it to review the substantive matter (legal issues at stake). Disputes involving a private individual or company usually end up in a domestic court of a state.

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Disputes between states
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Are taken to an international tribunal, such as the ICJ (International Court of Justice) or the dispute resolution panel of the World Trade
Organization (if both states are members) and the matter involves a trade in goods issue. The International Criminal Court (ICC) is a court of last resort which tries persons accused of the most serious crimes against humanity (crimes such as genocide).

Settlement of Disputes in
International Tribunals
International Court of Justice

International Criminal Court

World Trade Organization Dispute Settlement
Procedures

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ICJ Jurisdiction

International Court of Justice
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Principal judicial organ of the
United Nations.
It has jurisdiction to hear:

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• Disputes between states pursuant to its contentious jurisdiction.
• Cases from organs and specialized

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agencies of the UN pursuant to its advisory jurisdiction.

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No power to hear cases involving individuals.