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Philippine Bar review · Question

Practice question: Peaceful Settlement of International Disputes

Multiple Choice Hard

Practice question

States Lumen and Mera dispute a river boundary. Direct talks fail. They have not granted jurisdiction to any court for this dispute. Lumen says Article 33 nevertheless automatically gives the ICJ compulsory jurisdiction and permits an invasion if Mera refuses that forum. Which assessment is best?
  1. The Charter requires peaceful settlement but does not by itself create the asserted ICJ jurisdiction or license invasion
  2. Article 33 grants universal ICJ jurisdiction over every claim
  3. Failed talks automatically legalize force
  4. Only negotiation is a lawful method
  5. Refusal of one forum eliminates all peaceful-settlement duties

Legal references

  • UN Charter Articles 2(3)-(4), 33: https://legal.un.org/repertory/art2.shtml ; https://legal.un.org/repertory/art33.shtml

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