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by Golam sorrowar oyne -
Number of replies: 1

Meaning of the term Alternative:

The meaning of the term "alternative" in this context of ADR is not clear. specifically, it is not clear whether the "clement" is to be considered an "alternative. 

Meaning of the term Dispute:

The term dispute is well understood, but it is nonetheless useful to consider the nature of disputes and when they arises. Disputes have their origins in disagreements between individuals.

The Legal Nature of the Dispute:

If dispute settlement is to be achieved by judicial means, such as the ICJ or investment arbitration, the use of these means is conditioned on the existence of a legal dispute. Article 36(3) of the UN Charter states that legal disputes should, as a general rule, be referred to the IC.25 Article 36(2) of the ICJ's Statute refers to legal disputes when providing for submission by States under the so-called optional clause. Article 38(1) of the Statute states that the ICJ's function is to decide the disputes submitted to it in accordance with international law. the legal nature of disputes is sometimes described in terms of factual situations and the consequences engendered by them. Examples are the use of force, application of a treaty, expropriation or breach of an agreement. But fact patterns alone do not determine the legal or non-legal character of a dispute.