international law International law, also known as public international law and the law of nations, is the set of Rule of law, rules, norms, Customary law, legal customs and standards that State (polity), states and other actors feel an obligation to, and generall ...

and

diplomacy Diplomacy is the communication by representatives of State (polity), state, International organization, intergovernmental, or Non-governmental organization, non-governmental institutions intended to influence events in the international syste ...

, a ''compromis'' ( French for "compromise") is an agreement between two parties to submit a dispute to

international arbitration International arbitration can refer to arbitration between companies or individuals in different states, usually by including a provision for future disputes in a contract (typically referred to as international commercial arbitration) or betwee ...

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 State most commonly refers to: * State (polity), a centralized political organization that regulates law and society within a territory **Sovereign state, a sovereign polity in international law, commonly referred to as a country **Nation state, a ...

, or it can be on the basis of a reciprocal declaration made under the

Statute of the International Court of Justice The Statute of the International Court of Justice is an integral part of the United Nations Charter, as specified by Chapter XIV of the United Nations Charter, which established the International Court of Justice (replacing the Permanent Court of ...

. 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 ( ; ; ), officially the Chartered Community of Navarre, is a landlocked foral autonomous community and province in northern Spain, bordering the Basque Autonomous Community, La Rioja, and Aragon in Spain and New Aquitaine in France. ...

over certain territories and castles in Spain was submitted to King

Henry II of England Henry II () was King of England The monarchy of the United Kingdom, commonly referred to as the British monarchy, is the form of government used by the United Kingdom by which a hereditary monarch reigns as the head of state, with the ...

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), also known as Philip Augustus (), was King of France from 1180 to 1223. His predecessors had been known as kings of the Franks (Latin: ''rex Francorum''), but from 1190 onward, Philip became the firs ...

submitted a dispute concerning

Auvergne Auvergne (; ; or ) is a cultural region in central France. As of 2016 Auvergne is no longer an administrative division of France. It is generally regarded as conterminous with the land area of the historical Province of Auvergne, which was dis ...

and other territories to arbitration by three bishops and barons on either side; and a June 1298 compromis submitted to

Pope Boniface VIII Pope Boniface VIII (; born Benedetto Caetani; – 11 October 1303) was head of the Catholic Church and ruler of the Papal States from 24 December 1294 until his death in 1303. The Caetani, Caetani family was of baronial origin with connections t ...

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 (Latin: Malleus Scotorum), was King of England from 1272 to 1307. Concurrently, he was Lord of Ireland, and from 1254 ...

and

Philip IV of France Philip IV (April–June 1268 – 29 November 1314), called Philip the Fair (), was King of France from 1285 to 1314. Jure uxoris, By virtue of his marriage with Joan I of Navarre, he was also King of Navarre and Count of Champagne as Philip&n ...

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 (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