Practice question
Two neighboring States agree to submit a fisheries dispute to binding arbitration under a valid arbitration agreement. One later insists that peaceful settlement allows only nonbinding diplomacy, so an award cannot bind merely because the process is peaceful. Which is correct?
- Every peaceful outcome is necessarily nonbinding
- Arbitration is a listed peaceful means, and its binding effect depends on the valid governing legal framework
- Peaceful methods exclude all adjudication
- Only a military victory can produce a legal result
- Article 33 invalidates every arbitration agreement
Legal references
- UN Charter Article 33(1): https://legal.un.org/repertory/art33.shtml
- 1907 Convention for Pacific Settlement, Articles 4, 6 and 37: https://docs.pca-cpa.org/2016/01/1907-Convention-for-the-Pacific-Settlement-of-International-Disputes-1.pdf
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