The international law as a means of negotiation settlement

Barnidge Jr., Robert P. (2013) The international law as a means of negotiation settlement. Fordham International Law Journal, 36 (3). pp. 545-574. ISSN 0747-9395

[thumbnail of FILJ 2013.pdf]
FILJ 2013.pdf - Published Version

Download (2MB) | Preview


In the 1924 case Mkavromnmatis Palestine Concessions ("Mkavrommnatis"), the Permanent Court of International Justice ("PCIJ") famously defined a "dispute" as a "disagreement on a point of law or fact, a conflict of legal views or of interests between two persons."' That case hinged upon whether there was a dispute between the United Kingdom and Greece and, if so, whether the United Kingdom, as the then Mandatory Power of Palestine, had violated certain of its international legal obligations related to concessions that had been granted to Greek national Mavrommatis in Mandatory Palestine. In his dissenting opinion, Judge Moore built upon the PCIJ's understanding of the nature of a dispute in describing it as a "pre-existent difference, certainly in the sense and to the extent that the government which professes to have been aggrieved should have stated its claims and the grounds on which they rest, and that the other government should have had an opportunity to reply, and if it rejects the demands, to give its reasons for so doing." 2 The Mkavromnmatis test for determining whether a disagreement simpliciter can be regarded as a legally-cognizable dispute is usually seen as reflecting general international law. The existence of a dispute, of course, is an absolute prerequisite for the application of the international law of dispute settlement.

Item Type: Article
Keywords: Negotiation Settlement | International Law
Subjects: Social Sciences and humanities > Social Sciences > International Relations
Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Arjun Dinesh
Date Deposited: 12 Apr 2022 13:30
Last Modified: 12 Apr 2022 13:30
Official URL:


Downloads per month over past year

Actions (login required)

View Item
View Item