il10.out

1. In general, how does arbitration differ from other methods of dispute resolution?

A. (traditional terminology in international disputes) “good offices”

B. Mediation

C. Conciliation

2. How does public international arbitration differ from private?

A. is there opportunity for judicial review of any kind?

B. is the process subject to any national law?

C. is the award “enforceable” in any municipal court?

D. what motivates a state to participate in arbitration?

3. The Alabama Arbitration (U.S. v. U.K., 1872), p. 264 (article by Janis)

A. What is the dispute about?

B. How was the tribunal constituted?

C. What rule of international law is found by the arbitrator to have been violated?

D. What happened between 1865 and 1872, if anything, to persuade the UK to arbitrate?

4. THE DOGGER BANK CASE, p. 266f. (PCA 1905)

A. the dispute: Russian naval fleet attacks English fishing fleet on the North Sea

B. the tribunal, est. 1899 at a conference in The Hague

1. who were the arbitrators? why were they chosen, rather than experienced judges or respected statesmen or international lawyers?

2. what was the procedure? what is a “Commission of Inquiry”?

C. what was the decision? did it justify the Russian decision to submit to the arbitration?

5. THE RAINBOW WARRIOR CASE, p. 270 (France-NZ Arb.Trib. 1990)

A. what was the original dispute, and how was it first resolved?

B. how did this arbitration arise?

1. was it provided for in the first settlement agreement?

2. did the parties need to agree on further details after this dispute arose?

C. what law is applied by the tribunal?

1. the general law of treaties?

2. the general law of state responsibility?

D. what remedy is awarded, and on the basis of what law?

1. “reparations”? why was this not appropriate?

2. reinstatement of the punishment of the two officers? why was this not appropriate?

3. “satisfaction”? why was this regarded as sufficient?