2. Settlement of the dispute

A State wishing to hold another State responsible must contact the latter, and the two States must then find a solution to their dispute using peaceful means of non-judicial dispute settlement such as negotiation, inquiry, mediation, or conciliation. If this fails, they may resort to judicial settlement by referring the matter to a pre-established court (International Court of Justice, International Tribunal for the Law of the Sea) or by forming an arbitral tribunal. However, the injured State may encounter the obstacle of the principle of consent to international jurisdiction. Under this principle, it will be difficult for it to find a competent court, 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 is less developed than the national legal order, as the dispute...