Legal Definitions - compromis proper

A compromis proper refers to a special agreement between two or more states to submit an existing, specific dispute to an international court or tribunal for a binding decision. This type of agreement is drafted *after* a disagreement has already arisen, specifically to define the scope of that particular dispute and the terms under which it will be resolved by judicial means. It outlines the precise questions the court should answer, the legal framework to be applied, and often the procedural rules for the case.

Unlike a general treaty clause that might cover future disputes, a compromis proper is a targeted instrument created for a dispute that is already active and requires a specific judicial resolution.

• Example 1: Territorial Border Dispute

  Imagine two neighboring countries, Ruritania and Syldavia, have a long-standing disagreement over the exact demarcation of their shared land border, particularly concerning a mineral-rich region. After years of failed diplomatic negotiations, both nations agree that the only way to definitively resolve the issue is through international arbitration. They sign a compromis proper, which explicitly details the disputed sections of the border, asks the International Court of Justice (ICJ) to determine the correct boundary line based on historical treaties and geographical features, and sets out the timeline for presenting their arguments. This agreement is a compromis proper because it was created specifically for this existing border dispute.

• Example 2: Maritime Delimitation

  Consider two coastal nations, Oceana and Atlantica, which dispute the precise delimitation of their exclusive economic zones (EEZs) around a cluster of uninhabited islands. Each country claims the islands fall within its sovereign territory, leading to conflicts over fishing rights and potential offshore oil exploration. To avoid further escalation, they jointly draft and sign a compromis proper. This document specifies the coordinates of the disputed maritime area, requests the International Tribunal for the Law of the Sea (ITLOS) to draw a definitive maritime boundary line, and outlines the legal principles (such as equity and relevant international conventions) that the tribunal should consider. This is a compromis proper because it addresses a specific, pre-existing maritime dispute.

• Example 3: Environmental Damage Claim

  Suppose Country X alleges that Country Y's newly constructed dam on a shared river has significantly reduced water flow and increased pollution downstream, causing severe damage to Country X's agricultural sector and public health. After bilateral discussions fail to yield a resolution, both countries agree to submit the matter to an *ad hoc* arbitration panel. They formalize this agreement through a compromis proper. This document clearly defines the scope of the environmental damage claims, asks the arbitration panel to determine Country Y's liability and the appropriate compensation, and specifies the environmental law principles to be applied. This constitutes a compromis proper as it is a specific agreement to resolve an already existing environmental dispute through judicial means.