Inquiry and Conciliation

Question # 8
What are the advantages and disadvantages of conciliation compared with mediation?

Question #9
In a dispute between State A and State B both states agreed to establish an Inquiry Commission. As you know, the Inquiry Commission performs exclusively a fact-finding function. When the Inquiry Commission was performing fact-finding activities with respect to the dispute between State A and State B, the Commission noted legislation and case law that is very helpful in providing a good understanding of the factual issues related to the dispute between State A and B.

In your opinion, should the legislation and case law be incorporated as
a manifestation of facts in the Inquiry Commission's Report? Yes /No? Why?

Question # 10
The Red Crusader case is a model of a successful inquiry. An inquiry is also named, â€œfact-finding.â€ This form of international dispute settlement mechanism has a particular characteristic; the body charged with the inquiry should establish only facts so the parties can make a legal evaluation of the facts and decision.
Among the praise of the work of the Commission charged with the inquiry in Red Crusade there was, however, one criticism that many commentators pointed out; which was that the Commission went beyond its prescribed fact-finding function in combining the description of facts in with a judgment of issues of law.
After reading the Red Crusade case, identify (in no more than two paragraphs) just one instance in which the Commission of Enquiry went beyond its fact-finding function.

Question # 11
Umbrella Question covering Chapters One through Four
The use of international ADR can be a successful way of:
a) Settling an international dispute through non-adjudicative methods as occurs in the cases of consultation, negotiation, mediation, and conciliation;
b)
c)
d)
e)
f)
g)
h)
i)
j) Determining the means to enforce and execute an agreement, an international judgment, or an award in order to make more expeditious and satisfactory the conclusion of the an international dispute settlement;
k)
l)
m)
n)
o)
p)
q)
r) Precluding the initiation of adjudicative proceedings as would occur in the case of a successful prior consultations within the WTO

Inquiry and Conciliation Question # 8 What are the advantages...