international law International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...

and

diplomacy Diplomacy comprises spoken or written communication by representatives of states (such as leaders and diplomats) intended to influence events in the international system.Ronald Peter Barston, ''Modern diplomacy'', Pearson Education, 2006, p. ...

, a ''compromis'' ( French for "compromise") is an agreement between two parties to submit a dispute to international arbitration for a binding resolution.Anthony Aust, ''Handbook of International Law'' (Cambr=ress, 2d ed. 2010), pp. 403-04. A ''compromis'' is made after a dispute has already arisen, rather than before. (This is in contrast to provisions in existing treaties or protocols for resolving future disputes). The ''compromis'' identifies a neutral third party - the arbitrator or arbitral tribunal - or specifies the manner of appointment. The compromis often sets forth the precise question or questions to be decided; the arbitral rules of procedure; the seat of the tribunal; the languages to be used in the proceeding; the applicable law; and the payment of costs. A ''compromis'' to submit a dispute to arbitration can be made ''ad hoc'' by two or more states, or it can be on the basis of a reciprocal declaration made under the Statute of the International Court of Justice. Article 36(2) of the Statute of the ICJ provides that: "The states parties to the present Statute may at any time declare that they recognize as compulsory ipso facto and without special agreement, in relation to any other state accepting the same obligation, the jurisdiction of the Court in all legal disputes concerning: a. the interpretation of a treaty; b. any question of international law; c. the existence of any fact which, if established, would constitute a breach of an international obligation; d. the nature or extent of the reparation to be made for the breach of an international obligation." Article 36(3) provides that: "The declarations referred to above may be made unconditionally or on condition of reciprocity on the part of several or certain states, or for a certain time." The device of a ''Compromis'' has been used for many years. Treaties reported by Jean Dumont, a compiler of early treaties, show among many other examples, that an 1176/77 dispute between Castile and

Navarra Navarre (; es, Navarra ; eu, Nafarroa ), officially the Chartered Community of Navarre ( es, Comunidad Foral de Navarra, links=no ; eu, Nafarroako Foru Komunitatea, links=no ), is a foral autonomous community and province in northern Spain, ...

over certain territories and castles in Spain was submitted to King

Henry II of England Henry II (5 March 1133 – 6 July 1189), also known as Henry Curtmantle (french: link=no, Court-manteau), Henry FitzEmpress, or Henry Plantagenet, was King of England from 1154 until his death in 1189, and as such, was the first Angevin king ...

for resolution; an 1177 compromis and 1180 compromis between Henry II of England and

Philip II of France Philip II (21 August 1165 – 14 July 1223), byname Philip Augustus (french: Philippe Auguste), was King of France from 1180 to 1223. His predecessors had been known as kings of the Franks, but from 1190 onward, Philip became the first French m ...

submitted a dispute concerning

Auvergne Auvergne (; ; oc, label= Occitan, Auvèrnhe or ) is a former administrative region in central France, comprising the four departments of Allier, Puy-de-Dôme, Cantal and Haute-Loire. Since 1 January 2016, it has been part of the new region Au ...

and other territories to arbitration by three bishops and barons on either side; and a June 1298 compromis submitted to Pope Boniface VIII a dispute between

Edward I of England Edward I (17/18 June 1239 – 7 July 1307), also known as Edward Longshanks and the Hammer of the Scots, was King of England and Lord of Ireland from 1272 to 1307. Concurrently, he ruled the duchies of Aquitaine and Gascony as a vas ...

and Philip IV of France over English fiefs in France. An example of a modern ''compromis'' is the 1996 Special Agreement between Botswana and Namibia, which referred the two countries' dispute over

Sedudu Sedudu Island (known as Kasikili Island in Namibia) is a fluvial island in the Chobe River, in Botswana adjacent to the border with Namibia. The island was the subject of a territorial dispute between these countries, resolved by a 1999 ruling o ...

(Kasikili) island to the ICJ for resolution. The ICJ decided the ''Case concerning Kasikili/Sedudu Island'' (Botswana/Namibia) in 1999, ruling for Botswana. A ''compromis'' may also be used to submit international investment or trade disputes to arbitration.Christopher Dugan et al., ''Investor-State Arbitration'' (2008), Oxford University Press, 242-46.

Notes

{{reflist International law Arbitration Treaty law