Abstract

One of the manifestations of the independence of States1 is their freedom of choice in the process of peaceful settlement of international disputes. More specifically, it is for the States concerned to determine in every individual case whether it would be advisable to put an end to a pending dispute, employing, to this effect, those means and procedures which appear the most appropriate to them. The development of international relations since the Permanent Court of International Justice, in the Eastern Carelia case, restated this freedom as a fundamental principle of general international law, has added only one significant qualification2 to the statement of the Court: it is well established in international law that no State can, without its consent, be compelled to submit its disputes with other States either to mediation or to arbitration, or to any kind of pacific settlement. Such a consent can be given once and for all in the form of an obligation freely undertaken, but it can, on the contrary, also be given in a special case apart from any existing obligation.3

Full Text
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