Practice question · Put in order
Arrange these steps in the order the conflict-resolution function requires them.
- A norm designates which organ decides
- A norm fixes the procedure the organ must follow
- The decision becomes binding and can be enforced
- A norm lays down the criterion by which the dispute is to be decided
- The organ applies the criterion and decides
Hints
- Nothing can be decided before it is settled who decides.
- Enforceability is what the decision acquires last.
Show the answer
- A norm lays down the criterion by which the dispute is to be decided
- A norm designates which organ decides
- A norm fixes the procedure the organ must follow
- The organ applies the criterion and decides
- The decision becomes binding and can be enforced
Why
The last step is the one that separates legal resolution from mediation or advice. A decision that cannot be enforced settles the dispute only for as long as both parties want it settled, which is exactly the situation the whole apparatus exists to escape.
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