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INTERNATIONAL COMMISSIONS OF INQUIRY ON THE MODERN SYSTEM OF PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES Summary What are the basic characteristics of international inquiry as a separate procedure, distinguishing it from other methods of settlement? In the first place, the agency conducting the...
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| Format: | Article |
| Language: | English |
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Uniwersytet Kardynała Stefana Wyszyńskiego w Warszawie
2016-12-01
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| Series: | Zeszyty Prawnicze |
| Online Access: | https://czasopisma.uksw.edu.pl/index.php/zp/article/view/959 |
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| Summary: | INTERNATIONAL COMMISSIONS OF INQUIRY ON THE MODERN SYSTEM OF PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES
Summary
What are the basic characteristics of international inquiry as a separate procedure, distinguishing it from other methods of settlement? In the first place, the agency conducting the inquiry is an international commission usually containing some impartial members of a third party, providing a “neutral” element; occasionally, an equal number of representatives of both parties compose a commission. Secondly, the final effort of the commission, which is a report, has no binding effect. The procedures thus fall into a category of non-obligatory or advisory methods along with negotiations and conciliation. A third characteristic is that the task of the commission is confined to an elucidation of the facts and the issue. If it is authorized to endeavor to effect a settlement either by presenting recommendations in the report or to the parties directly during the course of its work, it no longer remains exclusively a commission of inquiry but becomes instead a commission of inquiry and conciliation. The article discusses the origins of international fact-finding and the most characteristic cases of activities of international commissions of inquiry, established under the Hague Conventions and other instruments adopted by international organizations after the I World War.
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| ISSN: | 1643-8183 2353-8139 |