Transnational Litigation, Arbitration, and Dispute Resolution

I. Introduction: 

 

On November 8, 2000, the heads of the delegations of Belize and Guatemala signed an agreement to adopt a comprehensive set of "confidence-building measures to avoid incidents between the two countries", according to the press release E-195/00 issued by the Permanent Council of the Organization of the American States (OAS) in Washington, D.C. This agreement was described by the Secretary-General of the OAS, Cesar Gaviria, as a milestone. 

 

On June 21, 2000, the International Court of Justice (ICJ) ruled (14-2) that it lacks jurisdiction to adjudicate the dispute brought by Pakistan against India in September 1999. The Court, which is the principal judicial organ of the United Nations entrusted with settling legal disputes between sovereign States, consists of 15 judges elected to nine-year terms by the UN General Assembly and Security Council, together with two judges ad hoc appointed especially for the case by Pakistan and India. The ICJ has its seat at the Peace Palace in The Hague, the Netherlands.

            On June 27, 2001, the International Court of Justice (the World Court) issued its judgment on the merits of the LaGrand Case (Germany v. United States).  Walter LaGrand and his brother, German nationals living in the United States, were arrested in Arizona in 1982 on suspicion of armed robbery and murder.  They were not informed of their rights under the Vienna Convention on Consular Relations, a multilateral treaty to which both Germany and the United States are parties.  Article 36, paragraph (1)(b) of the Convention provides:

 

On May 2, 2001, President George W. Bush announced his administration's intention to deploy defenses against possible missile attacks from states other than those formerly regarded as major threats to the United States. He said that in doing so, "We should leave behind the constraints of an ABM [Anti-Ballistic Missile] Treaty that perpetuates a relationship [with the former Soviet Union] based on distrust and mutual vulnerability."

On April 11, 2001 the US and the EU reached an agreement (the "Agreement") in the decade-long dispute over the EU's banana import regime.  The Agreement requires the EU to abandon its proposal to institute on July 1 a "first-come-first-served" licensing regulation and to move in 2 stages to a tariff-only system by 2006.

 

Agriculture has traditionally been a primary source of economic tension between the United States and the European Union. The dispute over the EU's banana regime has been among the most contentious in recent years. It is also among the more legally and politically complex.