Legal Definitions - compromis

A compromis is an agreement between two or more countries to submit an existing disagreement or a defined category of future disputes to a neutral third party for resolution. This third party could be an individual arbitrator, a specialized arbitral panel, or an international court. Essentially, it's a formal commitment by nations to resolve their differences peacefully through an agreed-upon legal process rather than through diplomatic stalemate or conflict.

There are two main types of compromis:

• Ad Hoc Compromis (or Special Agreement)

This type of compromis is created specifically to address a particular dispute that has already arisen between countries. It outlines the exact nature of the dispute, the questions to be answered, the rules of procedure, and the specific international body or arbitrator that will hear the case.

• Example 1 (Ad Hoc - Border Dispute): After years of unresolved border skirmishes and diplomatic protests, the neighboring nations of Astovia and Borland agree to sign an ad hoc compromis. This agreement specifically details their dispute over the exact demarcation of their shared mountain frontier and commits them to present their arguments to the International Court of Justice (ICJ) for a binding decision. The compromis specifies the geographical coordinates in question and the historical documents each side will present as evidence.

Explanation: This example illustrates an ad hoc compromis because it is a specific agreement tailored to resolve one existing, clearly defined dispute (the border demarcation) between two countries, designating a particular international body (the ICJ) to resolve it.

• Example 2 (Ad Hoc - Maritime Rights): The nations of Coralys and Darian find themselves in a disagreement over fishing rights and mineral exploration in a particular section of the ocean. To avoid escalating tensions, they jointly draft an ad hoc compromis. This document outlines the specific maritime area under contention, the legal questions regarding exclusive economic zones, and stipulates that a specially constituted arbitral tribunal, composed of three international maritime law experts, will hear their arguments and issue a final ruling.

Explanation: Here, the ad hoc compromis is formed to address a singular, existing dispute concerning maritime rights. It defines the scope of the disagreement and establishes a specific arbitral tribunal to provide a binding resolution.

• General Compromis (or Abstract Compromis)

A general compromis is a broader agreement where countries commit in advance to submit all or a defined class of future disputes that might arise between them to arbitration or an international court. This commitment is often embedded within a larger treaty or a standalone arbitration treaty, establishing a standing mechanism for peaceful dispute resolution.

• Example 1 (General - Trade Treaty): The members of the Pan-Continental Economic Alliance sign a comprehensive trade treaty. Within this treaty, they include a general compromis clause stating that any future disputes related to the interpretation or application of the trade agreement will automatically be referred to a standing arbitration panel established by the Alliance. This means they don't need to negotiate a new agreement each time a trade dispute arises.

Explanation: This is a general compromis because it's a pre-existing agreement within a broader treaty that covers a class of potential future disputes (trade-related issues) and establishes a standing mechanism for their resolution.

• Example 2 (General - Environmental Treaty): Several nations bordering a major international river sign an environmental protection treaty. As part of this treaty, they incorporate a general compromis that mandates all future disagreements concerning water allocation, pollution control, or shared resource management within the river basin be submitted to the Permanent Court of Arbitration for resolution.

Explanation: This example demonstrates a general compromis as it's an agreement made in anticipation of future disputes (environmental issues related to the river basin), establishing a pre-agreed method (submission to the Permanent Court of Arbitration) for their resolution.