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Chapter 11. The Notion of Dispute in the Contemporary International Legal Order: Qualification and Evidence

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Chapter Summary

This chapter focuses on the notion of dispute in international law mainly related to the following three issues: what is the broad sense of dispute in international law, which States are obliged to settle by peaceful means; What are the qualifications of and criteria for the notion of dispute in international law?; What evidence is required there for the objective being of a dispute in international law? The generic term of "legal dispute", by its very nature, falls into the study of the notion of dispute in international law, supposedly in an international "society". In the international legal order, the broad sense of dispute in international law is not necessarily to be defined exclusively as procedural issues, though they are key issues in international judicial proceedings. In practice, states tend to settle their disputes by diplomatic talks rather than by resorting to judicial means.

Keywords: contemporary international legal order; international law; international society; legal dispute's notion



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