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Legal Definitions - general compromis
Definition of general compromis
A general compromis is an international agreement, often in the form of a treaty, where two or more states agree in advance to submit *any* future disputes of a specified kind to a particular international court or arbitration tribunal for a binding decision. Unlike a specific compromis, which is negotiated for an existing dispute, a general compromis establishes a standing mechanism for resolving potential future conflicts without the need for a new agreement each time a dispute arises.
Here are some examples to illustrate this concept:
Example 1: Border Demarcation Agreement
Two neighboring countries, "Veridia" and "Aquitania," have a history of minor disagreements regarding their shared land border. To prevent future conflicts from escalating, they sign a bilateral treaty stating that any disputes concerning the precise demarcation or interpretation of their border will automatically be referred to the International Court of Justice (ICJ) for a binding ruling. This treaty functions as a general compromis because it creates a pre-agreed pathway for resolving a specific category of future disputes (border issues) without needing to negotiate a new agreement each time a disagreement arises.
Example 2: Regional Trade Bloc Charter
When several nations form a new "Continental Economic Union," their founding charter includes a comprehensive section on dispute resolution. This section stipulates that any disagreements among member states regarding the interpretation or application of the Union's trade regulations, tariffs, or customs policies will be submitted to a permanent arbitration panel established within the Union. This clause acts as a general compromis, as it sets up a standing mechanism for all future trade-related disputes among members, ensuring a consistent and predictable method of resolution.
Example 3: Shared Natural Resource Treaty
Three countries that share a vast underground aquifer sign a "Transboundary Water Management Treaty." A key provision in this treaty states that if any disputes arise concerning water allocation, pollution control, or sustainable usage of the aquifer that cannot be resolved through direct negotiation within six months, the matter will be submitted to a specialized international environmental tribunal for a final decision. This provision serves as a general compromis, providing a predetermined judicial route for resolving future conflicts related to the shared water resource.
Simple Definition
A "general compromis" is an international agreement, often a treaty, where states commit in advance to submit certain categories of future disputes to an international court or arbitration. It establishes a standing obligation for potential conflicts, rather than being an agreement made for a specific, existing dispute.