CRITERIA FOR DETERMINING INTERNATIONAL LEGAL DISPUTES AND MEANS OF SETTLING THEM
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Abstract
International legal disputes are characterized by binding solutions reached through a specialized entity independent of the conflicting parties. The methods of judicial settlement, whether arbitration or adjudication, differ from diplomatic methods such as negotiations, good offices, mediation, or special bodies for investigation and reconciliation. The legal dispute, which is jurisdictional to the international judiciary, is based on the parties prior agreement to abide by the results reached by international judicial bodies. It also involves conducting deliberations on legal basis, aiming to confirm justice and ensure access to rights.
The concept of international conflict is crucial as it forms the basis of the jurisdiction of the international judiciary and impacts the court's ability to make its judiciary evidence of international law. To determine the concept of international legal dispute, it is necessary to clarify its definition according to jurisprudential and legal concepts, and to address the means of settling it through international arbitration or the International Court of Justice.
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References
BROCHARD, E. M. : The distinction between legal and political questions, American Society of international law, Washington (1929).
LAUTERPACHT H. : The Function of Law in the International Community, 1933.
George Sale : Summary of Public International Law, Paris, 1948.
Dr. Abdullah Al-Ashaal: Arab Journal of International Law, Issue (37), 1987. The dispute between Türkiye and Greece over the Aegean Sea.
Rundstein : The legal character of international disputes, Revue du Droit International et Leg. Comp. 1934.
Dr. Mahmoud Sami Genena: International Law, 1938, (no publishing house).
Dr. Abdel Aziz Sarhan : The Role of the International Court of Justice in Settlement of International Disputes, Second Edition 1980.
Oppenheim, H, International Law, (7th edition).
Fenwick C. : the Distinction between Legal and political question, American Society of inter. Law. Washington (1924).
Wright, Quincy : The distribution between legal and political questions, American Society of inter. Law. Washington (1924).
Dr. Ibrahim Muhammad Al-Anani : Resorting to International Arbitration, Cairo, 1973.
D. Ali Sadiq Abu Haif : Public International Law.
Scott J.B : The Hague Peace Conferences of 1899 and 1907 (French translation by A. de La Pradelle (1927), Volume 3.
Dr. Abdel Aziz Muhammad Sarhan : The Role of the International Court of Justice in Settlement of International Disputes, Second Edition, 1986, Cairo.
Article 36, paragraph five, of the Statute of the International Court of Justice.