Dispute settlement

The injured State wishing to engage the responsibility of another State must contact the latter, and the two States must then find a solution to their dispute using peaceful means of settling non-jurisdictional disputes, such as negotiation, inquiry, mediation or conciliation. If this fails, they can resort to a jurisdictional settlement by bringing the matter before a pre-constituted court (International Court of Justice, International Tribunal for the Law of the Sea) or by forming an arbitral tribunal. Here, however, the injured State runs the risk of coming up against the obstacle of the principle of consent to international jurisdiction. Under this principle, it will be difficult to find a competent jurisdiction, unless the States agree to submit to the jurisdiction once the dispute has arisen, which remains highly hypothetical. From this point of view, the international legal order...