Legal Definitions - anticipated compromis

An "anticipated compromis" refers to a prior agreement or understanding, typically between countries, that they will, at a later date, create a specific, detailed agreement (known as a "compromis") to submit a particular dispute to an international court or arbitration for resolution. It represents a commitment made in advance to formalize the process of dispute resolution once a specific disagreement arises, rather than the formal submission agreement itself.

Here are some examples to illustrate this concept:

• Example 1: Treaty on Shared Natural Resources

  Two neighboring countries, "Veridia" and "Aquitania," sign a treaty governing the shared use of a major river that flows through both their territories. Within this treaty, they include a clause stating that any future disputes regarding the allocation of water resources or the environmental impact of new dams, if not resolved through diplomatic channels, will be submitted to the International Court of Justice (ICJ). The treaty specifies that in such an event, Veridia and Aquitania commit to drafting a separate, detailed "compromis" outlining the specific questions for the ICJ to answer and the procedures to be followed.

  How this illustrates the term: The clause in the river treaty is an "anticipated compromis." It's not the actual agreement to submit a specific dispute to the ICJ yet, but it's a prior commitment by both nations to create such an agreement (the compromis) if a particular type of dispute arises in the future.

• Example 2: International Investment Agreement

  The nations of "Industria" and "Agraria" sign a bilateral investment treaty (BIT) designed to protect investments made by citizens of one country in the other. A provision within this BIT stipulates that if an investor from Industria believes their investment in Agraria has been unlawfully expropriated, and diplomatic negotiations between the two governments fail to resolve the issue, then Industria and Agraria agree to negotiate and sign a specific compromis to refer that particular investment dispute to an ad hoc international arbitration tribunal.

  How this illustrates the term: The BIT contains an "anticipated compromis." It doesn't immediately send a dispute to arbitration, but it creates a binding obligation for the two governments to later draft a specific arbitration agreement (the compromis) for any future investment disputes that meet the treaty's criteria.

• Example 3: Maritime Boundary Delimitation Framework

  Two coastal states, "Oceania" and "Islandia," have a long-standing disagreement over their maritime boundary. They sign a preliminary framework agreement that doesn't define the boundary itself but establishes a process for its eventual delimitation. This agreement includes a key provision: if direct negotiations fail to establish a mutually acceptable boundary within five years, both states commit to drafting a compromis to submit the entire boundary dispute to the International Tribunal for the Law of the Sea (ITLOS) for a binding decision.

  How this illustrates the term: The framework agreement serves as an "anticipated compromis." It's a commitment to a future action—the creation of a formal submission agreement (the compromis) to ITLOS—should a specific condition (failure of negotiations) be met. It sets the stage for future dispute resolution without immediately initiating it.