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* The International Court of Justice has the jurisdiction to hear:
* A case can be concluded in the following ways:
* The ICJ will, the request either party, interpret one of its judgments when there is uncertainty or disagreement about its meaning or scope.
* The rules themselves are found in a wide-ranging collection of WTO agreements, including
* Each of WTO agreements has the following objectives:
* The WTOs dispute settlement process itself is governed by an agreement known as
* The organs charged with administering and carrying out the Dispute Settlement Understanding are:
* A Panel decision may be appealed to the only by parties directly involved in a dispute.
* The Appellate Body may a Panels findings and conclusions, and its report will automatically be adopted by the DSB unless the DSB decides by consensus not to do so.
* The concept of legal precedent apply to the new WTO dispute settlement system, but it is the flexible system of precedent that is used in international tribunals and not the rigid system of British or even American common law.
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* Should a state to comply Panel or Appellate Body recommendations, the DSB may authorize either the noncomplying state to pay compensation or the injured state to retaliate.
* Both the panels and the Appellate Body may rely their own earlier legal rulings, but they are also to deviate from those ruling as they think necessary.
* Thewas created in 1965 at a conference in Washington, D.C., sponsored by the International Bank for Reconstruction and Development.
* Rules that regulate how conciliations and arbitrations are begun are called
* Rules for conducting conciliations are called
* Rules for conducting arbitral hearings are called
* The litigants can be
* The most important basic rule established by the Washington Convention is that -party states, including the state of the investor involved in the dispute, are not allowed to intervene.
* States that are parties the Washington Convention are not allowed to take up disputes behalf of their nationals, unless the ICSID arbitration process fails.
* Before ICSID can set up a tribunal to resolve a particular dispute, the following steps must be taken:
* The litigants may agree to any number of arbitrators, but if they want more than one, the number must be
* Giving consent to ICSID arbitration is deemed to all other remedies.
* Any dispute about the power of an ICSID tribunal to hear a matter is the tribunal itself to decide.
* An ICSID tribunal must have jurisdiction both the parties involved and the subject matter of the dispute.
* In order for a tribunal to have personal jurisdiction, the parties appearing before it must be a
* A state party includes:
* State subdivisions include:
* A national of another contracting state can be
*...is a human being who has the nationality of a home state.
* The natural person must have home state nationality
*...is a legal entity that has sufficient existence in the eyes of the law to function legally, sue and be sued, and make decisions through agents.
* In order for a juridical person to be a party to an ICSID arbitration, it must have had the nationality of a home state the date the parties consented to arbitration.
* The requirement that there be a dispute means that ICSID tribunals will not decide or give advisory opinions.
* An ICSID tribunal has the power to recommend measures to preserve the respective rights of the parties.
* Awards issued by an ICSID tribunal are but not final.
* ICSID awards are binding on the parties to an arbitration, and the states parties to the Washington Convention agree to comply with them.
* Should the courts of a state party to an ICSID arbitration seek to review an award, an investor can seek diplomatic from its home state.
* Municipal courts are often called to settle international disputes.
* The competence or ability of a national court to exercise the power to try a case is known as .
* Under international law, the jurisdiction of municipal courts to try an international dispute is.
* Most governing rules are, that is, they limit the courts powers.
* The ability of a party to escape the jurisdiction of a court is known as
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* The jurisdiction of municipal courts over international crimes can be based on:
* means that jurisdiction is determined by reference to the place where the offense was committed.
@) territoriality principle
* means that jurisdiction is obtained by referring to the nationality or national character of the person
committing the offense.
* means that jurisdiction is extended over the national interest injured by the offender.
* means that jurisdiction is established by taking the person who committed the crime into custody.
* means that jurisdiction is claimed by reference to the nationality or national character of the person injured by the offense.
* In suits, municipal courts can extend their jurisdiction over disputes between parties who appear within the territory of the forum state.
* jurisdiction is the power of a court to decide matters relating to a natural or juridical person physically present within the forum state.
* Natural persons subject to in personam jurisdiction include:
* Consent to personal jurisdiction can come about
* Juridical persons have existence in the eyes of the law to function legally, sue and be sued, and make decisions through agents.
* Examples of juridical persons are:
* Legal entities created within a state are nationals of that state they are called
* Juridical persons are subject the in personam jurisdiction of a municipal court in much the way that individuals are.
* Foreign entities are to the jurisdiction of another states municipal courts.
* Foreign entities, however, are amenable to the jurisdiction of another states municipal courts only if
* In our view learned counsel when he examines the protective principle in this retroactive Law.
* This Law enacted in 1950, to be applied to a specified period which had terminated five years before its enactment.
* All these remarks do no means weaken the rule.
* The case cannot be in a municipal or another international tribunal.
