obligation to negotiate in international law in the precedence of international court of justice with reference to the case of Bolivia v. Chili

Document Type : Research Paper

Authors

1 Associate Professor, International Law, Law Faculty, Qom University

2 PhD candidate, Department of International Law, faculty of Law, university of Qom, Qom, Iran

Abstract

International court of Justice has faced with different allegations from states that have raised various arguments about the Obligation to Negotiation”as a legal frame for Negotiation as a mean for settlement of disputes peacefully. Although briefly, the ICJ had discussed some legal aspects of this obligation in its previous cases. The most recent ICJ case concerning the obligation is 2018 case of “OBLIGATION TO NEGOTIATE ACCESS TO THE PACIFIC OCEAN (BOLIVIA v. CHILE)”. In this article we are to find out the way ICJ has referred to this obligation in international law. Therefore, the main question is that how is the status and position of the obligation to negotiate in international law and under the practice of the ICJ ? This article with the use of library documents and jurisprudence try to answer the question through deduction method of arguments. We believe that according to the international court of justice, there is no such a general obligation under international law. But it could be proved that the customary international law has evolved in this regard in some specific areas of international relations. The general principals of law determine how to perform the obligation. And finally as the court has noted we will discuss that the general rule on the nature of the obligation is not of results but of means.

Keywords

References

 
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Documents and Cases
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ICJ Reports (2011) Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Georgia v. Russian Federation).
 ICJ Reports (1974) Fisheries Jurisdiction (Federal Republic of Germany v. Iceland).
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Journal of Legal Studies
Volume 12, Issue 3 - Serial Number 37
November 2020
Pages 219-249

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