Professional Documents
Culture Documents
Trail Smelter Arbitration : the Tribunal was concerned with a dispute btw Canada and
America over sulphur dioxide pollution from a Canadian smelter, built in valley shared by
British Columbia and the state of Washington, which damaged trees and crops on the
American side of the border.
- The int Court reinforced this approach, by emphasizing in the Corfu Channel case that it
was the obligation of every state “not to allow knowingly its territory to be used for acts
contrary to the rights of other states.
- Canada’s responsibility was accepted from the start, the case focusing upon the
compensation due and terms of the future operation of the smelter.
* This chapter is concerned with the procedures available within the int order for the peaceful
resolution of disputes and conflicts, except for judicial procedures covered elsewhere.
- diplomatic procedures and adjudication (usul ve yargı)
- Article 2(3) of the United Nations Charter provides that : all members shall settle their
int disputes by peaceful means in such a manner that int peace and security and justice are not
endangered.
* Negotiation (müzakere): is a dialogue between two or more people or parties, intended to
reach an understanding, resolve point of difference, or gain advantage in outcome of dialogue,
to produce an agreement upon courses of action.
* Inquiry (soruşturma, araştırma) : Differences of opinion on factual matters underline a
dispute btw parties, the logical solution is often to institute a commission of injury to be
conducted by reputable observers to ascertain precisely the facts in contention. Such inquiries
were first elaborated in the 1899 Hague Conference as a possible alternative to the use of
arbitration.
* Conciliation (arabuluculuk) : the process of conciliation involves a third-party
investigation of the basis of the dispute and the submission of a report embodying suggestions
for a settlement.
* Int Institutions and Dispute Settlement (uluslararası kurumlar ve antlaşmazlıkların
çözümü) :
- Regional Organizations : UN Security Council possesses “primary responsibility for the
maintenance of int peace and security.
- The African Union : was established in 1963. The jurisdiction of the commission was not,
however, compulsory and it was not utilised.
- Europe : The European Convention for the Peaceful Settlement of Disputes adopted by the
Council of Europe in 1957 provides that legal disputes are to be sent to the Int Court.
- Arbitration (hakemlik) ; Int arbitration was held to be the most effective and equitable
manner of dispute settlement, where diplomacy had failed. Arbitration tribunals may be
composed in different ways. There may be a single arbitrator or a collegiate body.
* The ICJ is composed of fifteen members. The prosedure for the appointment of judges is
interesting in that it combines both legal and political elements, while seeking to exclude as
far as possible the influence of national states over them.
- The members of the court are elected by the General Assembly and Security Counsil (voting
separately) from a list of qualified persons drawn up by the national groups of the Permanent
Court of Arbitration, or by sepecially appointed national groups in the case of UN members
that are not represented in the PCA.
Categories of Force ;
1 Retorsion (zorunlu baskı yapan) : The typical methods of retorsion are the use of
comparably severe measures against citizens of the foreign nation found within the borders of
the retaliating nation.
2 Reprisals (misilleme): are in themselves illegal and have been adopted by one state in
retaliation for the commission of an earlier illegal act by another state.
3 Self-defense : Article 51
- Nothing in the present Charter shall impair the inherent right of individual or collective self-
defence if an armed attack occurs against a Member of the United Nations, until the Security
Council has taken measures necessary to maintain international peace and security”
The Caroline:
- This dispute revolved around an incident in 1837 in which British subjects seized and
destroyed a vessel in an American port. This had taken place because the Caroline had been
supplying groups of American nationals, who had been conducting raids(baskın) into
Canadian territory.
* The protection of national abroad (kendi toprakları dışındaki vatandaşlarını koruma) Ex :
The US conducted a bombing raid on Libya 10-15 April 1986 as a consequence of alleged
Libyan involvemend in an attack on US service men in West Berlin.
* Intervention (müdahale) 1965 declaration on the Inadmissibility of Intervention in the
Domestic Affairs of States
* Civil wars
ICRC (Int Committee of the red cross) impartial, neutral and independent organization
whose exclusively humanitarian mission is to protect the lives and dignity of victims of war
and internal violence and the provide them with assistance. It also endeavours to prevent
suffering by promoting and strengthening humanitarian law and universal humanitarian
principles.
- IHL is applicable in situations international armed conflict and non-international armed
conflict.
* IHL is not applicable in situations including internal disturbances.
- Protection of Civilians and Combatants hors de combat (savaş dışı)
* Life and physical and moral integrity. Absolute prohibition of torture and ill-treatment.
* Treatment of the wounded and sick.
* Prohibition of murder of or injury to an enemy who renders himself or who is hors de
combat.
* Respect for dignity of captured combatants and civilians.
The UN Charter in 1945, representatives from 50 countries met in San Francisco at the
UN Conference on International Org to draw up the UN Charter.
The Security Council consist of 15 members, 5 of them being permanent members (US, UK,
Russia, China, France are right to have the veto)
INTERNATIONAL INSTITUTIONS
* Institutions are enduring sets of rules, norms, and principles that stipulate (anlaşmak)
the ways in which actors should cooperate and compete with one another in particular
situations.
- members must be states or international organizations
- it must be established by treaty.
- it must be capable of adopting norms to members.
* Classification based on function Political (GA), Judicial (ICJ), Administrative
(WHO), Settlement of Dispute (WTO)
* These are organizations established by inter-governmental argreement and having wide int
responsibilities in economic, social, cultural and other fields that have been brought into
relationship with the United Nation.
- International Labor Org established in 1919 to prevent and extend the rights of
workers.
- UNESCO (The UN Educational, Scientific and Cultural Org) established to further the
increase and diffusion of knowledge by various activities, including technical assistance and
co-operative ventures with national governments.
- World Health Org established in 1946 with the aim of unifying the standards of health
care.
- IMF (International Monetary Fund) which aims to asist monetary co-operation and
increase world trade.
* Regional Institutions
- EU European Union aims establishing a single unified market with common external
tariffs and the elimination of internal tariffs and it promotes the free movement of capital and
labor.
- Europe (EEC)
- Americas (NAFTA)
- Asia (ASEAN)
- The Middle East (Arab League)
- Africa (OAU)