Simple English definitions for legal terms
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Compromis Proper: An agreement between two or more countries to ask someone else to help them solve a problem they have. This person could be an arbitrator, a group of arbitrators, or an international court. It's like asking a teacher or a parent to help you and your friend solve a disagreement. There are two types of compromis proper: ad hoc compromis, which is when countries ask for help with a specific problem, and general compromis, which is when countries agree to ask for help with any problem that might come up in the future.
Definition: Compromis proper is an agreement between two or more countries to submit an existing dispute to the jurisdiction of an arbitrator, an arbitral tribunal, or an international court. This is also known as ad hoc compromis or special agreement.
Example: If two countries have a disagreement over a border dispute, they may enter into a compromis proper to have the issue resolved by an international court.
Explanation: In this example, the two countries have agreed to submit their dispute to an international court, which will make a decision on the matter. This is an example of a compromis proper because it is a specific agreement between the two countries to resolve a particular dispute.
Another type of compromis is a general compromis, which is an agreement between countries to submit all or a definite class of disputes that may arise between them to an arbitral institution, a court, or an ad hoc arbitral tribunal. This is done by concluding a general arbitration treaty or by including an arbitration clause in a treaty.
Example: The United States and Canada have a general compromis in place that allows them to submit any disputes related to the boundary waters between the two countries to the International Joint Commission.
Explanation: In this example, the two countries have a general compromis in place that covers any disputes related to the boundary waters between them. This is an example of a general compromis because it covers a class of disputes that may arise between the two countries.