17 - International Dispute Settlement

Summary

In this chapter, Sir Michael Wood examines the future of the international dispute settlement system. The core claim of this chapter is that continuity is, and will continue to be, this system’s defining feature. It observes that the fundamentals of inter-State disputes have changed little since 1920. Most notably, consent to third-party dispute settlement remains at the heart of the system, as does a widespread reluctance by sovereign States to give that consent in advance of disputes arising. The Optional Clause, for example, remains unchanged after 100 years, as does States’ unwillingness to accept it or to do so without extensive reservations. That said, and reflecting on the chapters contained in this collection, this chapter accepts that there have been new and important developments in the international dispute settlement system in recent years and, providing their promise is realised, they will perform a critical function in maintaining international peace and security.