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Class Report
On
Public International Law
Course Code: Law 212
Course Title: Public International Law
Submitted To:
Mr. Md. Abu Saleh
Lecturer
Department of Law
Daffodil International
University

Md.
Lutfur

Submitted
By:Md.
Nafiz
Imtiaz

Md.
Shahri
Section:
A
Depart
ment of

Table of
Date of Submission : 10-12-2015
Sl.
No.

Topics
Introductory

Page
No.
03

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01

Lectures

Lecture 1
Lecture 2
Lecture
Lecture
Lecture
Lecture
10
Lecture
to 13

02

03

Individual
Presentatio
n

Group
Presentatio
n

3
4
5
6 to
11

Subjects of international law

03
03
04
04
05
06

Main functions of International law

Sources of International law

07
07

The relationship between IL and Municipal Law

09

Definition of International Law

History of International Law
Important Of International Law.
Is International law a law in true sense or not.
Major Kinds of International Law

The Relationship between International Law and National Law.

11

Theory of Monism
Theory of Dualism
Status of international Law in Bangladesh Constitution.

11
12
12

Bangladeshi Courts and international Law

Dispute settlement Under International law
Importance of International Organization.
Importance of International Organization.
Example of the application of International Law at National laws of
Bangladesh.
History of WTO
United Nation
International Court of Justice(ICJ)
Dispute Settlement under WTO
European Union
International Crime tribunal Bangladesh
Dispute Settlement under UNCLOS

14
14
16
16
17
18
18
2o
22
23
24
25

Lecture -01
Synopsis:
1.1

Introductory

1.2

Definition of International Law

1.3

History of International Law

1.1 Introductory:
International law is the set of rules generally regarded and accepted as binding in relations
between states and between nations. It serves as a framework for the practice of stable and organized
international relations. International law differs from state-based legal systems in that it is primarily
applicable to countries rather than to private citizens. National law may become international law when
treaties delegate national jurisdiction to supranational tribunals such as the European Court of Human
Rights or the International Criminal Court. Treaties such as the Geneva Conventions may require national
law to conform to respective parts.
Much of international law is consent-based governance. This means that a state member is not obliged to
abide by this type of international law, unless it has expressly consented to a particular course of conduct.
This is an issue of state sovereignty. However, other aspects of international law are not consent-based

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but still are obligatory upon state and non-state actors such as customary international law and
peremptory norms (jus cogens).

1.1

Definition of International Law:

The body of law that governs the legal relations between or among states or nations.To qualify as a subjec
t under the traditional definition of international law, a state had to be sovereign: It needed a territory, a p
opulation, agovernment, and the ability to engage in diplomatic or foreign relations. States within the Uni
ted States, provinces, and cantons were notconsidered subjects of international law, because they lacked t
he legal authority to engage in foreign relations. In addition, individuals did notfall within the definition o
f subjects that enjoyed rights and obligations under international law.A more contemporary definition exp
ands the traditional notions of international law to confer rights and obligations on intergovernmentalinter
national organizations and even on individual.
1.3
History of International Law:
The modern study of international law starts in the early 19th century, but its origins go back at least to
the 16th century, and Alberico Gentili, Francisco de Vitoria and Hugo Grotius, the "fathers of
international law." Several legal systems developed in Europe, including the codified systems of
continental European states and English common law, based on decisions by judges and not by written
codes. Other areas developed differing legal systems, with the Chinese legal tradition dating back more
than four thousand years, although at the end of the 19th century, there was still no written code for civil
proceedings. Some doubt the effectiveness of international law, as they see the implementation of
international law as a policy option among others to tackle global dilemmas. They say that international
law must be evaluated with other, possibly more effective, international law options.

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Lecture-2
Synopsis:
2.1 Important Of International Law.
2.2 Is International law a law in true sense or not.
2.1 Important Of International Law:
International law is an important part of the structure of our international society. It adds that states accept
it as such, and their record in observing it bears comparison with the level of law observance in many
countries. It stresses that international law is a part of the structure for it is an integral part of it and not an
optional extra; and that it is but one part in the overall equation important, but not to the exclusion of
other parts. It explains that the importance of international law is a function of its effectiveness and its
ability to respond to change. Both, at the present time and for the most part, are adequate, but perhaps
only just. It adds that neither can be taken away for granted. It clarifies that both need attention and
development within a framework of respect for the international rule of law, if a stable international order
is to prevail.
International law concerns the structure and conduct of sovereign states; analogous entities, such as
the Holy See; and intergovernmental organizations. To a lesser degree, international law also may
affect multinational corporations and individuals, an impact increasingly evolving beyond domestic legal
interpretation and enforcement. International law has increased in use and importance vastly over the
twentieth century, due to the increase in global trade, environmental deterioration on a worldwide scale,
awareness of human rights violations, rapid and vast increases in international transportation and a boom
in global communications.
2.2 Is International law a law in true sense or not:
The status of International law, that whether it is a law in true sense or not, is a long debate. Jurists have
different views to debate as a result of which different schools of thought have come to exist. The view of
each of such school may be given as under:
1. International law is not a law in true sense: According to this school of thought International law is
not a law in true sense. They give following arguments in support of their view:
i. There is no superior political authority
ii. There is no legislature to enact the rules as in municipal law,
iii. There is no judicial machinery to interpret the laws,
iv. There is no executive authority to enforce international law
v. International law is frequently violated by states.
So, on the basis of the above arguments this school of thought has contended that international law is not
a law in its true sense.
2. International law is a law in true sense: According to this school of thought international law is a
law in true sense. They give the following arguments in support of their view:
i. For the definition of law a political superior authority is not so necessary,
ii. In fact there is a legislative body in the shape of General Assembly and Security Council and the states
enter into treaties which also act as legislature,
iii. In fact there is a potent judicial machinery in the shape of International Court of Justice ( IJC ).
Though its decisions are binding on the parties when they by their mutual consent refer the case to it.

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iv. It is wrong to say that there is no executive authority to enforce International law, because the adverse
view of the member states and fear of cessation of diplomatic and economic ties and fear of war act as
sanction for its implementation.
3. International law is a law but a weak law: This school of thought accepts the status of International
law as a law but according to them it is a weak law. They give following arguments in the support of their
view:
i. There is no coercive agency to enforce it,
ii. It has frequently been violated,
iii. Big powers interpret it according to their wishes,
iv. Though there is an international court of justice, but it enjoys no compulsory jurisdiction. Its decisions
are only binding in circumstances where both the parties by their mutual consent refer the case to it,
v. There are some sanctions to enforce it but the same are to inadequate to attain the end of international
justice.
Conclusion: From the above discussion it may be concluded the international law is a law but a weak
law due to many technical defects in it.

Lecture-3
Synopsis:
3.1 Major Kinds of International Law
3.1 Major Kinds of International Law:
There are following two major kinds of international law;
1. Private International Law, and
2. Public International Law.
1. Private International Law: The term private International law may be defined as under: That branch
of International law which determines that which law is to be applied to a specific case containing a
foreign element is called Private International law.
2. Public International Law: The term Public International Law may be defined as under: A body of
legal rules which regulates the relation of states inter se as well as their relations with other non-state
entities is said to be Public International law.
Distinction between Private International law and Public International Law Private International
law Public International law:
Private International law
Public International law
1.It deals with the individuals of one, two or
1.It deals mainly with the relationship of
more countries.
states with each other.
2.The rules of Private International law are
2.The rules of Public International law are
the out come of state or state laws
the out come of International customs,
treaties and other sources.
3.It differs from state to state
3.Public International law is same for all the
states of the world.
4.It has been enacted by the legislature of
the state or states
5.It is more civil in nature.

4.It comes into force of treaties, customs,

international agreements or decisions of
arbitral tribunals.
5.It is both civil and criminal in nature.

Lecture-4
Synopsis:
4.1 Subjects of international law

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4.1

A subject of International Law is a person (entity) who possesses international legal personality, i.e.,
capable of possessing international rights and obligations and having the capacity to take certain types of
action on the international level. Traditionally, States have been the only subjects or persons of
International Law. However, with the establishment of international organizations, it has become
necessary that a sort of international legal personality be granted to these entities. Thus, international
organizations become subjects or persons of International Law. Beside States and international
organizations, non-States entities such as members of federal States, belligerents, insurgents, national
liberation movements, and international territories are granted a sort of international legal
personality. Special international status was granted to the Holly See and the Vatican City, and the
Sovereign Order of Malta. Moreover, individuals, ethnic minorities, and indigenous peoples are
considered, in certain circumstances, subjects of International Law.

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Lecture-5
Synopsis:
5.1 Main functions of International law
5.1 Main functions of International law: By functions of International law it is meant that
to carry on the objects and aims of international law. As we know that the performance of the functions of
international law mainly depends upon the will of the sovereign states. Because there is no political
superior authority to administer the law. These are the states, the main subjects of international law,
which undertake to perform those intended functions. So, as the will of the states are conditioned with
certain political considerations, due to which the process of attaining its end is very slow. Beside this
international law plays an important role in the international justice.
Important functions which international law performs in the world justice and politics may be
given as under:
1. Maintenance of peace and security,
2. Development of friendly relationship among states and other International actors,
3. Achievement of International co-corporation to solve problems.
4. To solve economic, cultural and humanitarian problems
5. To guarantee political and sovereign integrity of states
Beside the above functions there are a number of other functions which international law performs.

Lecture-6 to 10
Synopsis:
6.1 Sources of International Law
6.1 Sources of International Law: Sources of International law means those origins from
where it attains its authority and coercive agency. According to the provisions of the Statute of
International Court of Justice there are following sources, on the basis of which Court can decide a case:
1. Treaties: - The term treaty may be defined as the agreement entered into by Nation states for their
relations with each other and to undertake certain duties, obligations and rights is said to be a treaty. The
statute declares that the Court shall have to decide any dispute between Nation States in accordance with
the provisions of the treaty between them if existed.
2. Customs: - Customs are those habits and practices which the nations states commonly observe and the
violation of which is considered as against the courtesy of International behavior. There are certain
practices which the world community observes without any express provisions but because of practice
they honour the same. So if there is no treaty between the parties to a dispute then the statute binds the
Court to decide the case in the light of such international customs.
3. General Principals of Law Recognized by Civilized Nations: - There are certain principles of law,
which have been incorporated, in the domestic laws of many countries because of their universal
application. So, in default of any treaty or international custom the statute reveals that the court then shall
have to decide the case in the light of such general principles of law as recognized by civilized nations of
the world.
4. Judicial Decisions: - Usually the Judicial decisions of the International Court of Justice are not
binding and they have no value in the sense that they are related and binding only to that certain case for
which they have given. And they cannot be cited as strict reference in any other case. But despite the fact

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the Statute reveals that in case of default of all the above sources the court shall resort to the prior judicial
decisions.
4. Juristic Works: - The jurists or publicists also declares rules by legal philosophy and analogy and also
by comparing different legal systems of the world and they also analyze the historical perspectives of the
different legal systems of the world. So, as they have devoted their lives for the legal study, they must be
deserve to consult in deciding a dispute. In other words, their opinion on a specific question of law
weights because of the their valuable experiments and sound study on the topic. So, the statute further
reveals that if there is no treaty, legal custom and general principles of law then the Court shall resort to
writings of these jurists.
6. Other Sources: - Beside the above sources there are also some other sources which court can resort
for the decision of a case. As for example Equity and the resolution by the UN organization. No where
in the statute these sources have been declared for the Court to derive law but by practice the common
and universal principles of equity have been observed by the courts while deciding cases. And also the
UN organization when passes a resolution on specific subject the Court feels its moral duty to decide the
case in the light of such resolution if there is no express provisions for deciding a case.

Lecture-11 to 13
Synopsis:
7.1 The relationship between International and Municipal Law
7.1 the relationship between International and Municipal Law : Apparently there
seems no relationship between international law and municipal law. Bet if examined with philosophical
eve then it would be seemed that there is a relationship between both the legal orders. The test as to
observe the relationship between the two systems may be conducted in case of a conflict between the two
legal orders. The situation would arise that what law shall be applicable to the case in question.
Relationship between Municipal Law and International Law
As to relationship between municipal law and international law there are many theories the most
prominent one of which may be discussed as under:
I. Dualistic Theory: - According to the followers of this theory Municipal law and International law are
two separate, distinct and self-contained legal orders, independent from each other. Both the orders enjoy
its own spheres and each one is the supreme in its own sphere. They accepts the separate and independent
existence because, according to them, there are following points of distinctions between both the orders:
1. Sources: - The sources of both the systems are quite different. Municipal law has its source in the land
legislature, while International law has its sources in treaties, entered into by different sovereign states,
international customs and general principals of law etc.
2. Subject: - The subjects of both the systems are different. As for as, Municipal is concerned that is an
order of the sovereign of the state addressed to the individuals, while at the other hand the subjects of the
international law are the states, and to the lesser extent other actors including individuals. In other words
Municipal law is between the individuals and international law is between the sovereign states.
3. Principles: - Municipal law is the aggregate of the principles of state legislature, while International
law is obeyed because of principle Pacta sunt servanda. At the other hand, municipal law has a legal
sanctity while International is obeyed because states are morally bound to observe.
4. Dynamism: - It is a unique characteristic of International law that it continuously changes and expands
while municipal law remains limited. So, on the basis of the following points of distinction between the

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two legal systems the supporters of Dualistic Theory contend that they both are separate and distinct
orders having separate spheres of application.
II. Monistic Theory: - According to the followers of this theory International law is not distinct and
autonomous body of law, rather there exists only one sets of legal system i.e. the domestic legal order.
They have criticized the view adopted by Dualists, and also rejected the alleged distinction between
Municipal law and International law as pointed out by the dualists. According to them both the
international law and municipal law are related with the same legal system. And it is not possible to treat
them severely.
Conclusion: - It may be concluded that as for as, the Dualistic and Monistic Theories are concerned they
are primitive and traditional, due to which they are most popular. However, the Harmonization Theory is
comparatively modern. Although no theory can be said to be appropriate, but Harmonization Theory
appears to be better because it has regarded that International law, as well as, Municipal law have been so
framed for the conduct of the human being, so there should be no contradiction between them, and if any
contradiction exist, that should be harmonized, either by courts or the legislature of the concerned state.

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Individual Presentation- 01
Topic: The Relationship between International Law and
National Law.
Summary: It has long been asserted that the relationship between international law and national law
is a matter of active concern in many legal orders. Most would agree that the relationship is neither fully
clarified nor clearly delineated. Discussion about the relationship therefore continues to engage many
opposing views. By and large, domestic lawyers try to find the answer to the question of the relationship
between international and national law in the domestic constitutional order, whereas international lawyers
invariably look to the international legal order.
The relationship between international and national law delivers very practical consequences in a given
legal order. Furthermore, to some extent, the prevailing of one over the other could give rise, in practice,
to very unfavorable legal circumstances. Hence, many times, international law and national law have
varying determinations, and, in the majority of cases, the former is considered to be more modern with
respect to human rights and issues of freedoms. Evidence shows that the primacy of international law
over domestic law is a modern phenomenon, and is often regarded to as a benchmark of a democratic
state. By contrast with the pre-World War II situation, momentum toward accepting the primacy of
international law is becoming more and more evident.
There are two main concerns that a constitution-maker faces. The first is whether international law norms
should be incorporated in the domestic legal order, and the second is whether the incorporated treaty
should prevail over laws or the constitution itself. In principle, the issue circles around two concepts namely the monist and dualist models. Nevertheless, the two theories do not explain the whole of the
problem, but largely lay down the outline within which the question can be solved. The monist model, on
the one hand, considers there to be just one legal order, and thus international and national law are part of
a single legal order. The monist view therefore generally asserts that international law prevails over
domestic law. According to the dualist approach, in order for a part of international law to become
binding domestically, it must be transposed into domestic law, or otherwise it will have no legal effect.
Still, this is a domestic view of the relationship between international and domestic law, given that the
primacy of international law would never be contested before an international tribunal.

Individual Presentation- 02
Topic: Theory of Monism
Summary: According to Dixon, the monist theory supposes that international law and national law
are simply two components of a single body of knowledge called 'law'. 'Law' is seen as a single entity of
which 'national' and 'international' versions are merely particular manifestation. In the case of conflicts
between the two systems, international law is said to prevail. In this view, the International Law is
supposed to be supreme, but in cases of conflicts, there are several different explanations as to why this
should be so.
The first explanation is represented by Hans Kelson (monist-positivist), who sees the superiority of
international law as a direct consequence of his "basic norm" of all law. This basic norm (fundamental
principle from all law gains its validity) is that 'state should behave as they customarily have behaved'.
As a consequence International Law is representing a higher legal order and as such supreme, because

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is derived from the practice of states and national law is derived from the states as established in
international law. The second explanation was given by Hersch Lauterpacht, who sees international law
as a superior, because it offers the best guarantee for the human rights of individuals, the 'state' itself is
seen as a collection of individuals rather than a legal entity in its own. In this view the international law
prevails, because it is the guarantor of individual liberty. The last explanation is based on monistnaturalist view, which sees the superiority of international law in natural law, so there is a hierarchy of
legal orders, with natural law at the summit, followed by international law, and followed by national
law.
These diverse opinions have in common the basic monistic tenet that international law and national law
are part of the same hierarchical legal order, its norms must be ranked in order of priority, and in this
sense the international law is superior.

Individual Presentation- 03
Topic: Theory of Dualism
Summary: Contrary of monist theory, dualism denies that international law and national law operate
in the same sphere, although it does accept that they deal with the same subject matter. But according to
Malenovsk , the international and national laws are two different and separate systems, which are
based not only upon different jurisdictions and sanction bodies, but also upon the different sources and
the different subject of matter . According to Tripel, international law governs relationship between
states, whereas national law deals with rights and obligations of individuals within state.
Dualism considers international law and national law as independent of each other, and both systems are
regarded as mutually exclusive and are therefore generally not able to get into conflict with each other.
Similarly, according to one of the exponents of this theory, Anzilotti, the systems are so different, that
no conflict between them is possible, however, most of the dualists would assume that municipal law
would be applied.

Individual Presentation- 04
Topic: Status of international Law in Bangladesh Constitution.
Summary: The relationship between international law and municipal law is one of the important issues
of the international law. These two legal orders differ from each other due to their common and
conflicting features. But relationship between them becomes critically important when international law
is applied by a national legal system.
In order to avoid clashes between two legal systems, many states have constitutional provisions or
practices that in some form or other make international law a part of their municipal laws. In this regard,
there are three apparent trends developed by the constitutions: firstly, some constitutions contain
provisions that are often found in the preambles and fundamental principles of state policy. Secondly,
some constitutions expressly incorporate general international law into municipal law and leave to the
legislators or the courts the duty of harmonizing conflicts between international and municipal laws; and
thirdly, some constitutions not only incorporate international law into national law but also give it
priority over domestic rules in case of conflicts.

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Individual Presentation- 05
Topic: Bangladeshi Courts and international Law.
Summary: From the point of view of international law, national courts are state organs and thus are
required to conform to international norms. Failure to do so may impose international responsibility on
the state. The common practice of all states is that Higher Judiciary has the jurisdiction to deal with issues
pertinent to international instruments. Bangladesh has the same. The Supreme Court is comprised of two
divisions i.e. Appellate Division and High Court Division. Both divisions will be comprised of by the
Chief Justice of Bangladesh and a number of other judges specified by the President. Appellate Division
doesnt have original jurisdiction, it hear matters brought before it from decisions of High Court Division
and other tribunals specified by the Act. Though the higher Judiciary of Bangladesh is not empowered to
make legislations, but it is free to interpret obligation of Bangladesh under international law, take
international instrument to interpret domestic law and provide guidelines bases on international
instruments.
Article 25 of the Constitution of Bangladesh, the paramount provision relating to international law
contained principles of international law including international law and the principles enunciated in the
UN Charter will be respected by State. This article has no binding effect that in case of violation, one can
go to the highest court for enforcement. But it has two important consequences: by virtue of Article 8(2)
of the Constitution, the principles of Article 25 were to be fundamental to the governance and lawmaking of the state, and they were to be a guide to the interpretation of the Constitution and other laws.
Hence, interpretation of the Constitution and national laws must be in conformity with the basic
principles of international law.[13] The general practice of the country is evident that international
treaties are not automatically become part of the domestic law of Bangladesh unless and until it is
incorporated into domestic legislation.[14] So, international treaties are required to be inserted into the
domestic law passed by due procedure and then it will be part of domestic law. The approach of the Court
was reflected in the case of BNWLA v. Government of Bangladesh and others, where the Court
vehemently declaredOur courts will not enforce those Covenants as Treaties and Conventions even if ratified by the State, as
they are not part of the corpus juris of the State unless those are incorporated in the municipal
legislation.
In the case of Ershad v Bangladesh and ors, in a separate opinion clarified thatAlthough universal human rights norms, whether given in the UDHR or in the Covenants, are not
directly enforceable in national courts, they are enforceable by domestic courts if such norms are
incorporated into the domestic law. However, national courts should not ignore the international
obligations which a country undertakes. National courts should draw upon the principles incorporated in
the international instruments if the domestic laws are ambiguous or absent. Where the domestic laws are
clear, but inconsistent with the international obligations of the state concerned, the national courts will be
obliged to respect national law. The universal norms of freedom of leaving the country and returning have
been recognized in Article 36 of the Constitution, and there was full application of Article 13 of the
UDHR to the fact of this case

Individual Presentation- 06
Topic: Dispute settlement Under International law
Summary: Institutional methods of dispute settlement involve the resort to international organizations
for settlement of international disputes. These methods have come into existence with the creation of the
international organizations. The most eminent organizations, which provide mechanisms for settling
dispute between their member States, are the United Nations and the regional organizations, such as the
European Union, the Organization of American States, the Arab league and the African Union.

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Peaceful Settlement of Dispute by the United Nations:

The Settlement of international disputes is one of the most important roles of the United Nations. The
Charter of the United Nations stipulates that it is the task of the United Nations to bring about by
peaceful means, and in conformity with the principles of justice and international law, adjustment or
settlement of international disputes or situations which might lead to a breach of the peace. To this end,
the Charter provides a system for the pacific settlement or adjustment of international disputes or
situations under which the wide competence of the United Nations in this matter is established, and the
corresponding obligations of the members of the United Nations are imposed. This system is delineated
mainly in Chapter VI of the Charter.
Chapter VI of the Charter contains the United Nations mechanism for the pacific settlement of
disputes. Article 33 obliges the parties to a dispute, the continuance of which is likely to endanger the
maintenance of international peace and security, to settle such a dispute by any of the enumerated
peaceful means therein, or by any peaceful means of their choice. When the parties fail to observe their
obligations or their efforts are not successful, the United Nations will intervene to consider the dispute
and give its recommendations on the matters. The Security Council is given the primary responsibility in
this regard. It is entitled to intervene either on its own initiative, upon invitation of any member of the
United Nations, upon invitation by the General Assembly, or upon a complaint of a party to a dispute.
The Security Council may follow three courses of action. First, it may call upon the parties to a dispute
to settle their dispute by any of the peaceful means listed in Article 33(1). Second, it may recommend to
the parties appropriate procedures or method of settlement. Third, it may recommend terms of settlement,
as it may consider appropriate.
Although under the Charter the Security Council is given the primary role for maintaining
international peace and security, the General assembly is not excluded from doing so. Under Articles 11,
12 and 14, the General Assembly may discuss and make recommendations for procedures or methods of
adjustment, or for terms of settlement, with regard to any dispute or situation brought before it. The
disputes or situations may be brought before the General Assembly by the Security Council, any member
of the United Nations, or any State party to such dispute.
(2) Peaceful Settlement of Dispute by Regional Organizations:
Article 33(1) of the Charter of the United Nations requires the parties to any dispute, the continuance
of which is likely to endanger the maintenance of international peace and security, to seek, first of all, a
solution by any of the peaceful methods enumerated therein. Among these enumerated methods is the
resort to regional arrangements or agencies.
Article 52 of the Charter recognizes the right of the members of the United Nations to establish
regional arrangements or agencies for dealing with such matters related to the maintenance of
international peace and security. Paragraph 2 of this Article requires the member States that are
members of regional arrangements or agencies to make every effort to achieve pacific settlement of
local disputes through such regional arrangements or by such regional agencies before referring them to
the Security Council.
It seems that the obligation imposed upon the member States by Article 52(2) is consistent with their
obligation under Article 33(1). However, paragraph 1 of Article 52 imposes two explicit limitations with

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regard to the utilization of regional arrangements and agencies. First, it requires that the matters dealt
with must be appropriate for regional action. Second, it requires that the arrangements or agencies
and their activities are consistent with the Purposes and Principles of the United Nations

Individual Presentation- 07
Topic: Importance of International Organization.
Summary: Nowadays, international organizations are playing an increasingly important role in the
international legal order. They are active in virtually all fields of human activity; they regularly conclude
international treaties and continuously interact with other actors of international law, they wield growing
normative powers. For those working for or dealing with international organizations, a sound
understanding of the law of international organizations thus appears indispensable.
The International Organizations play an important role in collecting statistical information, analyzing the
trends in the variables, making a comparative study and disseminate the information to all other
countries. There are some intergovernmental organizations that have set international Minimum
standards. Such norms are difficult to be set at the state level.
There are some international organizations that perform certain supervisory functions. The supervisory
system of the UN is very weak. In contrast, the supervisory mechanism of the ILO is quite strong. The
European Union, together with the Commission and the Court of Justice, has a relatively strong
supervisory mechanism. The third function of the international organizations is setting up multilateral or
bilateral agreements between countries.
Another function, that has assumed importance in the recent times, is lending out technical cooperation to
the member countries. By technical cooperation we mean the provision of intellectual or financial
material to the countries, which require them.
Amongst all the roles and activities of the international organizations, the most important is negotiating
and setting up multilateral agreements. Minimizing the transaction costs can strengthen the cooperation
between different countries. Beside they also provide lucidity and information. For negotiations, forums
for bargaining are set up and focal point structures are constructed during negotiations. The multilateral
agreements that are settled by the international organizations occur in sections like environment
protection, development trade, crime human rights, etc.

Individual Presentation- 08
Topic: Legal Personality of International Law
Summary: International law is based on rules made by states for states. States are sovereign and equal
in their relations and can thus voluntarily create or accept to abide by legally binding rules, usually in the
form of a treaty or convention. By signing and ratifying treaties, states willingly enter into legal,
contractual relationships with other state parties to a particular treaty, which observance is normally
controlled by the reciprocal effects of non-compliance. The capacity of states to enter into such
relationships with other states and to create legally binding rules for themselves, is a result of
states' international legal personality, a prerogative attributed to all sovereign states. With
globalization however, international law and international relations expanded rapidly with increasing
complexities: new technology made the world smaller and more interconnected, new global threats
emerged that could not be fought unless with state cooperation, new players emerged at the international
forum such as various IOs and NSAs. International law was greatly influenced by this development and

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shifts in international relations whereby states were no longer the only players on the international arena
and thus not the only subjects of international law any longer.

Individual Presentation- 09
Topic: Example of the application of International Law at National laws
of Bangladesh.
Summary:

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Individual Presentation- 10
Topic: History of WTO
Summary: The World Trade Organization came into existence in nineteen ninety-five. It operates a
system of trade rules. It serves as a place for nations to settle disputes and negotiate agreements to reduce
trade barriers. The newest of its one hundred fifty members, Vietnam, joined in January. But the roots of
the W.T.O. date back to World War Two and the years that followed.
In nineteen forty-four, a meeting took place in Bretton Woods, New Hampshire: the International
Monetary Conference. There, negotiators agreed to create the International Monetary Fund and the World
Bank. But they could not agree on an organization to deal with international trade.
Three years later, in nineteen forty-seven, twenty-three nations approved the General Agreement on
Tariffs and Trade, or GATT. It was meant to be temporary. Trade negotiations under GATT were carried
out in a series of talks called rounds. The first round lowered import taxes on one-fifth of world trade.
Later rounds produced additional cuts, and negotiators added more issues.
The sixth round began in nineteen sixty-three. It was called the Kennedy Round after the murder of
President John F. Kennedy. The results included an agreement against trade dumping. This is when one
country sells a product in another country at an unfairly low price.
The eighth round of talks began in Punta del Este, Uruguay, in nineteen eighty-six. The Uruguay Round
lasted almost twice as long as planned. In all, one hundred twenty-three nations took part in seven-and-ahalf years of work. They set time limits for future negotiations. They also agreed to create a permanent
system to settle trade disputes.
In April of nineteen ninety-four, most of those one hundred twenty-three nations signed an agreement. It
replaced GATT with the World Trade Organization.
The W.T.O. launched a new round on development issues in Doha, Qatar, in November of two thousand
one. These talks were supposed to end by January of two thousand five. But negotiators could not agree
on issues involving agricultural protections. The current round has been suspended since last July.

Individual Presentation- 11
Topic: United Nation
Summary
UN Headquarters in New York where 193 countries meet to achieve consensus on solving global
problems.
The UN is central to global efforts to solve problems that challenge humanity. Cooperating in this effort
are more than 30 affiliated organizations, known together as the UN system. Day in and day out, the UN
and its family of organizations work to promote respect for human rights, while also promoting gender,
protecting the environment, fighting disease and reducing poverty. UN agencies define the standards for
safe and efficient air travel and help improve telecommunications and enhance consumer protection. The

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United Nations leads the international campaigns against drug trafficking and terrorism. Throughout the
world, the UN and its agencies assist refugees, set up programmers to clear landmines, help
expand food production and lead the fight against AIDS.
In September 2000, Member States, represented at the highest level including 147 Heads of State and
Government expressed their collective vision in the Millennium Declaration. They set out
measurable in every area of UN endeavor the Millennium Development Goals. In September, world
leaders renewed commitments to achieving those Goals by 2015 and set out concrete plans and practical
steps for action.

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Group Presentation- 1
Topic: International Court Of Justice (ICJ)
Summary: International Court of Justice (ICJ) is the successor of the Permanent Court of
International Justice. The statute of Permanent Court of Justice has been adopted for the International
Court of Justice (hereinafter referred as Court). The establishment of the Court became necessary
because to attain the end of International law there must be a judicial organ. So, the Court is the
Principle Judicial Organ of the International Organization.
Composition: - The composition of the Court may be explained as under:
1. Strength: - The Court is consisted of fifteen judges. And not more that one judge shall be elected from
one state, for the Court at a given time.
2. Qualifications: - The candidate for the office of judge in the Court shall possess the following
qualifications:
a). He should be independent.
b). He should be a person of high moral character.
c). He must be qualified for the appointment of the highest judicial offices in his country.
3. Nature of the office: - The nature of the office of judge for the Court is elective. In other words the
judges for the Court shall be elected in General Assembly and Security Council.
4. Election: - General Assembly and Security Council shall conduct the election of the judges of the
Court independently, but simultaneously. These two organs shall elect the judges from the list of
nominees prepared by the national groups in the Permanent Court of Arbitration.
5. Term of office: - The term of the office for the judge of the Court is nine years, however, five of them
shall be retired after each three years and so, for such vacancies election shall also be conducted after
each five years as to maintain the strength to fifteen.
6. Obligations of Judges: - Any person who has so been elected as a judge of the Court is bound to;
a). refrain from all political and administrative functions,
b). refrain from being council, agent or advocate in any case, and
c). not participate in any case in which he has previously has taken part as agent, counsel or advocate for
one of the parties.
7. Quorum of the Court: - The quorum of the Court is fixed at nine judges.
8. President of the Court: - After each period of three years the Court shall elect its president. The
president shall preside the cases of the Court. But if in a case any party is his national he shall not be
entitled to as act as president.
9. Voice-President of the Court: - Along with the election of the president the shall also elect its voicepresident. Voice president shall act as president in a case where president is not present or where
president is not entitle for presidency due to one of the parties to the case is being his national.
10. Chamber: - The Court is entitled to form a chamber, composed of not less than three members or
which the Court may thinks fit. Different chamber may be declared by the Court to deal with different
cases. The Court may constitute a chamber to deal with a particular case. The Court shall itself along with
the approval of the parties to the case determine the chamber.
11. Ad hoc Judges: - The statute of the Court reveals that ad hoc judges may be appointed in those cases
where there is no national judge of the party to a case. That party can appoint a national judge in that
particular case.
Jurisdiction: - Broadly speaking there are two kinds of jurisdiction of the Court as follows;
I. Contentious Jurisdiction, and
II. Advisory Jurisdiction.
I. Contentious Jurisdiction: - That jurisdiction of the Court on the basis of which the Court decides any
case with the consent of the parties to the case, is called
Contentious Jurisdiction. It is fundamental principle of international law that without the consent of any
party to a case, the same shall not be referred to mediation or arbitration. The same rule is, with some

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restriction, is applicable to the jurisdiction of the Court. In other words, the Court is not entitled to initiate
any proceeding merely because one party files a case, rather the consent of both the parties are necessary
that dependent is also required to give consent to the case. Contentious Jurisdiction is of three kinds
which may be given as under:
i. Voluntary Jurisdiction.
ii. Ad hoc Jurisdiction.
iii. Compulsory Jurisdiction.
i). Voluntary Jurisdiction: - That jurisdiction which the parties by virtue of an agreement or treaty
confer on Court is called Voluntary Jurisdiction. In other words, when the parties to a treaty or a contract
stipulate that if any dispute arise in respect of such treaty or contract the dispute shall be referred to the
Court for settlement, this type of jurisdiction of the Court is said to voluntary jurisdiction. So, in
voluntary jurisdiction the parties to a dispute give their assent for the jurisdiction of the Court in advance.
ii). Ad hoc Jurisdiction: - That jurisdiction of the Court when the parties, after the occurrence of the
dispute, confers on Court and in which the Court has no right to take up the case, is said to be Ad hoc
Jurisdiction.
iii). Compulsory Jurisdiction: -Compulsory Jurisdiction means that type of jurisdiction which the Court
enjoys without the consent of the parties. In classic international law there is no concept of the
Compulsory Jurisdiction of the Court, but recently it has been contended that no the time has reached to
confide the Court with compulsory jurisdiction. In case of Compulsory Jurisdiction, the Court is to be
empowered to take up a case without the consent of the parties like municipal Courts. But once again, the
application of the Compulsory Jurisdiction at universal level, depends on the approval of the Nation
States. The procedure for the Compulsory Jurisdiction of the Court has also been laid down.
II. Advisory Jurisdiction: - Advisory Jurisdiction means that the jurisdiction of the Court by which it
may only gives an advisory opinion on a question of law. This does not require the consent of the parties
to a case but when any International Institute (General Assembly or Security Council) ask the Court to
give an advisory opinion on the question. This opinion is not binding on the parties. So, the case may be
referred by an international organization or by any organs within the scope of their activities.

Group Presentation- 2
Topic: Dispute Settlement under WTO.
Summary: Dispute settlement is regarded by the World Trade Organization (WTO) as the central pillar of the
multilateral trading system, and as the organization's "unique contribution to the stability of the global economy". A
dispute arises when one member country adopts a trade policy measure or takes some action that one or more fellow
members considers to a breach of WTO agreements or to be a failure to live up to obligations. By joining the WTO,
member countries have agreed that if they believe fellow members are in violation of trade rules, they will use
the multilateral system of settling disputes instead of taking action unilaterally this entails abiding by agreed
procedures (Dispute Settlement Understanding) and respecting judgments, primarily of the Dispute Settlement
Body (DSB), the WTO organ responsible for adjudication of disputes. A former WTO Director-General characterized
the WTO dispute settlement system as "the most active international adjudicative mechanism in the world today.
In 1994, the WTO members agreed on the Understanding on Rules and Procedures Governing the Settlement of
Disputes or Dispute Settlement Understanding (DSU) (annexed to the "Final Act" signed in Marrakesh in
1994). Pursuant to the rules detailed in the DSU, member states can engage in consultations to resolve trade disputes
pertaining to a "covered agreement" or, if unsuccessful, have a WTO panel hear the case. The priority, however, is to
settle disputes, through consultations if possible. By January 2008, only about 136 of the nearly 369 cases had reached
the full panel process. The operation of the WTO dispute settlement process involves the parties and third parties to a
case and may also involve the DSB panels, the Appellate Body, the WTO Secretariat, arbitrators, independent experts,
and several specialized institutions. The General Council discharges its responsibilities under the DSU through
the Dispute Settlement Body (DSB).[7] Like the General Council, the DSB is composed of representatives of all WTO
Members. The DSB is responsible for administering the DSU, i.e. for overseeing the entire dispute settlement process. It
also has the authority to establish panels, adopt panel and Appellate Body reports, maintain surveillance of

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implementation of rulings and recommendations, and authorize the suspension of obligations under the covered
agreements. The DSB meets as often as necessary to adhere to the timeframes provided for in the DSU.
If a member state considers that a measure adopted by another member state has deprived it of a benefit accruing to it
under one of the covered agreements, it may call for consultations with the other member state. If consultations fail to
resolve the dispute within 60 days after receipt of the request for consultations, the complainant state may request the
establishment of a Panel. It is not possible for the respondent state to prevent or delay the establishment of a Panel,
unless the DSB by consensus decides otherwise. The panel, normally consisting of three members appointed ad hoc by
the Secretariat, sits to receive written and oral submissions of the parties, on the basis of which it is expected to make
findings and conclusions for presentation to the DSB. The proceedings are confidential, and even when private parties
are directly concerned, they are not permitted to attend or make submissions separate from those of the state in
question. Disputes can also arise under Non-violation nullification of benefits claims.
The final version of the panel's report is distributed first to the parties; two weeks later it is circulated to all the members
of the WTO. In sharp contrast with other systems, the report is required to be adopted at a meeting of the DSB within 60
days of its circulation, unless the DSB by consensus decides not to adopt the report or a party to the dispute gives notice
of its intention to appeal. A party may appeal a panel report to the standing Appellate Body, but only on issues of law and
legal interpretations developed by the panel. Each appeal is heard by three members of the permanent seven-member
Appellate Body set up by the Dispute Settlement Body and broadly representing the range of WTO membership.
Members of the Appellate Body have four-year terms. They must be individuals with recognized standing in the field of
law and international trade, not affiliated with any government. The Appellate Body may uphold, modify or reverse the
panel's legal findings and conclusions. Normally appeals should not last more than 60 days, with an absolute maximum
of 90 days. The possibility for appeal makes the WTO dispute resolution system unique among the judicial processes of
dispute settlement in general public international law.
Members may express their views on the report of the Appellate Body, but they cannot derail it. The DSU states
unequivocally that an Appellate Body report shall be adopted by the DSB and unconditionally accepted by the parties,
unless the DSB decides by consensus within thirty days of its circulation not to adopt the report. Unless otherwise
agreed by the parties to the dispute, the period from establishment of the panel to consideration of the report by the DSB
shall as a general rule not exceed nine months if there is no appeal, and twelve months if there is an appeal.

Group Presentation- 3
Topic: European Union
Summary: The European Union (EU) is a unification of 27 member states united to create a political
and economic community throughout Europe. Though the idea of the EU might sound simple at the
outset, the European Union has a rich history and a unique organization, both of which aid in its current
success and its ability to fulfill its mission for the 21st Century.
History: The precursor to the European Union was established after World War II in the late 1940s in an
effort to unite the countries of Europe and end the period of wars between neighboring countries. These
nations began to officially unite in 1949 with the Council of Europe. In 1950 the creation of the European
Coal and Steel Community expanded the cooperation. The six nations involved in this initial treaty were
Belgium, France, Germany, Italy, Luxembourg, and the Netherlands. Today these countries are referred to

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as the "founding members." During the 1950s, the Cold War, protests, and divisions between Eastern and
Western Europe showed the need for further European unification. In order to do this, the Treaty of Rome
was signed on March 25, 1957, thus creating the European Economic Community and allowing people
and products to move throughout Europe. Throughout the decades additional countries joined the
community.
In order to further unify Europe, the Single European Act was signed in 1987 with the aim of eventually
creating a "single market" for trade. Europe was further unified in 1989 with the elimination of the
boundary between Eastern and Western Europe - the Berlin Wall.

The Modern-Day EU
Throughout the 1990s, the "single market" idea allowed easier trade, more citizen interaction on issues
such as the environment and security, and easier travel through the different countries.
Even though the countries of Europe had various treaties in place prior to the early 1990s, this time is
generally recognized as the period when the modern day European Union arose due to the Treaty of
Maastricht on European Union which was signed on February 7, 1992 and put into action on November
1, 1993.
The Treaty of Maastricht identified five goals designed to unify Europe in more ways than just
economically. The goals are:
1) To strengthen the democratic governing of participating nations.
2) To improve the efficiency of the nations.
3) To establish an economic and financial unification.
4) To develop the "Community social dimension."
5) To establish a security policy for involved nations.
In order to reach these goals, the Treaty of Maastricht has various policies dealing with issues such as
industry, education, and youth. In addition, the Treaty put a single European currency, the euro, in the
works to establish fiscal unification in 1999.
In 2004 and 2007, the EU expanded, bringing the total number of member states as of 2008 to 27.
In December 2007, all of the member nations signed the Treaty of Lisbon in hopes of making the EU
more democratic and efficient to deal with climate change, national security, and sustainable
development.

How a Country Joins the EU

For countries interested in joining the EU, there are several requirements that they must meet in order to
proceed to accession and become a member state.
The first requirement has to do with the political aspect. All countries in the EU are required to have a
government that guarantees democracy, human rights, and the rule of law, as well as protects the rights of
minorities.

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In addition to these political areas, each country must have a market economy that is strong enough to
stand on its own within the competitive EU marketplace.
Finally, the candidate country must be willing to follow the objectives of the EU that deal politics, the
economy, and monetary issues. This also requires that they be prepared to be a part of the administrative
and judicial structures of the EU.
After it is believed that the candidate nation has met each of these requirements, the country is screened,
and if approved the Council of the European Union and the country draft a Treaty of Accession which
then goes to the European Commission and European Parliament ratification and approval. If successful
after this process, the nation is able to become a member state.

How the EU Works

With so many different nations participating, the governance of the EU is challenging, however, it is a
structure that continually changes to become the most effective for the conditions of the time. Today,
treaties and laws are created by the "institutional triangle" that is composed of the Council representing
national governments, the European Parliament representing the people, and the European Commission
that is responsible for holding up Europe's main interests.
The Council is formally called the Council of the European Union and is the main decision making body
present. There is also a Council President here and each member state takes a six month turn in the
position. In addition, the Council has the legislative power and decisions are made with a majority vote, a
qualified majority, or a unanimous vote from member state representatives.
The European Parliament is an elected body representing the citizens of the EU and participates in the
legislative process as well. These representative members are directly elected every five years.
Finally, the European Commission manages the EU with members that are appointed by the Council for
five year terms- usually one Commissioner from each member state. Its main job is to uphold the
common interest of the EU.
In addition to these three main divisions, the EU also has courts, committees, and banks which participate
on certain issues and aid in successful management.

The EU Mission
As in 1949 when it was founded with the creation of the Council of Europe, the European Union's
mission for today is to continue prosperity, freedom, communication and ease of travel and commerce for
its citizens. The EU is able to maintain this mission through the various treaties making it function,
cooperation from member states, and its unique governmental structure.

Group Presentation- 4
Topic: International Crime Tribunal Bangladesh.

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Summary: The International Crimes Tribunal (ICT) is a domestic war crimes tribunal in
Bangladesh set up in 2009 to investigate and prosecute suspects for the genocide committed in 1971 by
the Pakistan Army and their local collaborators, Razakars, Al-Badr and Al-Shams during the Bangladesh
Liberation War. During the 2008 general election, the Awami League (AL) pledged to establish the
tribunals in response to long-standing calls for trying war criminals. The first indictments were issued in
2010. However, the main perpetrators of the war crimes, the Pakistan soldiers, remained out of the reach
of the courts.
The government set up the tribunal after the Awami League won the general election in December 2008
with a more than two-thirds majority in parliament. The War Crimes Fact Finding Committee, tasked to
investigate and find evidence, completed its report in 2008, identifying 1,600 suspects. Prior to the
formation of the ICT, the United Nations Development Programme offered assistance in 2009 on the
tribunal's formation. In 2009, the parliament amended the 1973 act that authorized such a tribunal to
update it.
By 2012, nine leaders of Jamaat-e-Islami, the largest Islamist party in the nation, and two of
the Bangladesh Nationalist Party, had been indicted as suspects in war crimes. Three leaders of Jamaat
were the first tried; each were convicted of several charges of war crimes. The first person convicted
was Abul Kalam Azad (Bachchu), tried in absentia as he had left the country; he was sentenced to death
in January 2013.
The ICT received some support internationally and the UN initially attempted to offer limited support
with the planning. The EU has passed three resolutions supporting the trials and Jean Lambert has said
"she expected that the trial would conform to the highest standard possible."
However, since the beginning of the trials several human rights organizations and international legal
figures have raised objections to the court proceedings. [10] Human Rights Watch, which initially supported
the establishment of the tribunal, have criticized it for issues of fairness and transparency, as well as
reported harassment of lawyers and witnesses representing the accused. Bianca Karim and Tirza
Theunissen have written that the international community have voiced concerns that the trial will not be
transparent or impartial.
Jamaat-e-Islami supporters and their student wing, Islami Chhatra Shibir, called a general strike
nationwide on December 4, 2012, which erupted in violence. They have demanded the tribunal be
scrapped permanently and their leaders be released immediately. Public opinion polls however, regularly
rank the war-crimes trials ranked among the top three "positive steps that the government has taken".
After Abdul Quader Molla, Assistant Secretary General of Jamaat, was convicted in February 2013 and
sentenced to life imprisonment rather than capital punishment, a peaceful demonstration started at
Shahbag intersection in Dhaka. Tens of thousands of mostly young demonstrators, including women,
have called for the death penalty for those convicted of war crimes. Non-violent protests supporting this
position have occurred in other cities as the country closely follows the trials.

Group Presentation- 4

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Topic: Dispute Settlement under UNCLOS.

Summary: Part XV of the 1982 United Nations Convention on the Law of the Sea (UNCLOS)
establishes a comprehensive system for the settlement of disputes that might arise with respect to the
interpretation and application of UNCLOS. It requires States Parties to settle their disputes by the
peaceful means indicated in the Charter of the United Nations (UN Charter). However, if parties to a
dispute fail to reach a settlement by peaceful means of their own choice, they are obliged to resort to the
compulsory dispute settlement procedures entailing binding decisions, subject to certain limitations and
exceptions. As of May 2005, 148 States were formally party to UNCLOS and thus bound by its dispute
settlement procedures.
This paper examines the optional exception concerning sea boundary delimitation disputes contained in
Article 298(1)(a) of UNCLOS and discusses the enduring obligations with respect to dispute settlement
for States that have lodged declarations under this article. Article 298(1)(a) allows States Parties to
declare that they do not accept one or more of the compulsory procedures entailing binding decisions
found in section 2 of Part XV, with respect to disputes concerning the interpretation or application of the
articles dealing with delimitation of the territorial sea, the exclusive economic zone and the continental
shelf. A State may also exclude disputes involving historic bays or titles, however, this paper will not deal
with this aspect of the exception.
Whilst it may seem that allowing exceptions to the compulsory and binding dispute settlement procedures
detracts from the package deal nature of UNCLOS, the fact is that the dispute settlement provisions
were a package deal themselves. Without the exceptions listed in Article 298, many States would not
have been prepared to accept compulsory dispute settlement at all. Sea boundary delimitation disputes
were included as an exception due to their sensitive nature and because of fundamental disagreements
between States as to the principles on which such boundaries should be delimited. Articles 15, 74 and 83
deal with delimitation of the territorial sea, exclusive economic zone and continental shelf between States
with opposite or adjacent coasts respectively. Each of these articles establish the principle that sea
boundary delimitations are to be effected by agreement between the parties, rather than dictating
substantive rules that must be followed when determining such boundaries. The agreement, to be based
on international law, is to achieve an equitable solution. Whilst this formulation is often misinterpreted
as requiring delimitation on the basis of equidistance, the phrase equitable was used precisely because
States could not agree whether the principle of equidistance or natural prolongation should be enshrined
in UNCLOS. Therefore, UNCLOS does not determine the substantive rules for maritime delimitation,
leaving States to determine in accordance with international law what would be equitable in the particular
circumstances. The ability to exclude sea boundary delimitation disputes from compulsory and binding
settlement is particularly important given this background and the fact that there is no consensus between
States regarding the substantive rules to be applied to boundary delimitations.
Part XV of UNCLOS is divided into 3 sections. Section 1 sets out the fundamental principles concerning
dispute settlement; section 2 sets out the compulsory procedures entailing binding decisions; and section
3 sets out the limitations and exceptions to the applicability of section 2.
Subject to the exceptions and limitations contained in section 3, any dispute where no settlement has been
reached by recourse to section 1, shall be submitted at the request of any party to the dispute to the court
or tribunal having jurisdiction under section 2. Thus, the compulsory dispute procedures detailed in
section 2 are of a subsidiary nature. Parties to a dispute must first attempt to reach a settlement by

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recourse to section 1. This principle contained within Article 286 is emphasised again in Article 298
which provides that the rights of States Parties to exclude sea boundary delimitation disputes from the
application of section 2 is without prejudice to the obligations arising under section 1. Only where no
settlement has been reached by recourse to section 1 can a party submit the dispute to the court or tribunal
having jurisdiction under section 2. Article 287 provides States Parties with a choice of four alternative
forums for the settlement of disputes:
a. the International Tribunal for the Law of the Sea (ITLOS or the Tribunal);
b. the ICJ;
c. an arbitral trbunal constituted in accordance with Annex VII to UNCLOS; and
d. a special arbitral tribunal constituted in accordance with Annex VIII to UNCLOS.
The flexibility in Article 287 is the result of States inability, during the Third United Nations
Conference on the Law of the Sea (UNCLOS III) to agree on a single third-party forum to which
recourse should be had when informal mechanisms failed to resolve a dispute. Article 287 reflects the
need to establish a balance between the freedom to choose settlement procedures and the need to reach a
binding settlement of the subject of the dispute. A State Party is free to choose one or more of these
means by a written declaration to be made when signing, ratifying or acceding to UNCLOS or at any time
thereafter.
A State Party, which is a party to a dispute not covered by a declaration in force, shall be deemed to have
accepted arbitration in accordance with Annex VII. If the parties to a dispute have accepted the same
procedure for the settlement of the dispute, it may be submitted only to that procedure, unless the parties
otherwise agree. If the parties to a dispute have not accepted the same settlement procedure, the dispute
may be submitted only to arbitration in accordance with Annex VII, unless the parties otherwise agree.