What are the legal
mechanisms (except arbitration) available at present for countries to settle,
multilateral commercial disputes apart from ICJ (International Court of
Justice), when the parties are on a different platform than WTO (E.g. - TPP).
In the context of TPP, whether companies suing governments is a new phenomenon?
ICJ: see, any dispute can be
resolved by any court that has JURISDICTION!!
How do we know if a court has
jurisdiction or not?
If any action or inaction leads
to a dispute, then the place of that action or inaction (commission or
omission) decides the court that has jurisdiction!! UNLESS, the parties have
mentioned that some other court will have jurisdiction!
As these are civil matters,
between 2 parties, they can decide how they can resolve the matter!! And
countries can go before the ICJ, which is part of UN for agitating their
rights!
So, the basic requirement is
that: The parties must have agreed for dispute resolution body.
Apart from that, all the nations
who are members of the UN can approach the ICJ.
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