POKOJNÉ ŘEŠENÍ SPORŮ V MEZINÁRODNÍM PRÁVU

CHAPTER 7 Interimmeaures in the decision-making practice of the International Court of Justice Zuzana Trávníčková The chapter focuses on the legal regulation and on the practice of imposing of in- terim measures by the International Court of Justice (ICJ). It summarizes current de- velopment of rules relating to decision-making on interim measures that can be found, besides Art. 41 of the Statute of ICJ, in the Rules of Procedure and in the judicature. Quantitative analysis, which forms a part of the chapter, analyses the frequency, suc- cess rate and time aspects related to interim measures requests and decisions. It covers 50 disputes, in which interim measures were requested 56 times and issued 55 times. It shows, that in moderate majority of cases (30 cases) the interim measures wereis- sued, in 25 from 55 cases the requests were dismissed. Further it shows, that the time lag between bringing of the action and requesting of interim measures has shortened, it is common to launch the request for interim measures together with the application nowadays. CHAPTER 8 The Marshall Islands Case and the Determination of the Existence of a Dispute by the International Court of Justice Jaroslav Větrovský The chapter focuses on the notion of “dispute” in the light of the ICJ judgment in the Nuclear Arms Race case (2016). The judgment has been widely criticized. The ICJ has been accused of introducing the new subjective criterion of “awareness” in the determination of the existence of a dispute. The Chapter seeks to demonstrate that the criticism is mostly unfounded and the criterion must be held legitimate in all cases, such as the Nuclear Arms Race case, in which a respondent State remains silent on accusations made by an applicant State. CHAPTER 9 International Investment Arbitration in the Energy Sector Katarína Chovancová Oil and gas investment treaty arbitrations are a complex minefield, which is not as numerically impressive as its siblings, decided by the ICC or LCIA. Yet they form a rather large portion of all the ICSID ever registered investment treaty arbitrations and are still preferred to litigation. They serve to solve unique E&P disputes, pipeline disputes and gas price disputes, arising out of capital intensive projects, carried out in

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