Precedent
Our Article XI Dispute Resolution procedures borrow from Articles IX, XII, and XIV of the Chemical Weapons Convention. Article IX of the CWC requires signatories to respond to requests for clarification “as soon as possible, but in any case not later than 10 days after the request.” Given how quickly digital developments can propagate, we chose a 5-day response deadline, but even this figure may need to be adjusted downward.
Our Paragraph 2 of this article is modeled after Article XIV of the CWC, which permits its Executive Council to “contribute to the settlement of a dispute by whatever means it deems appropriate, including offering its good offices, calling upon the States Parties to a dispute to start the settlement process of their choice and recommending a time-limit for any agreed procedure.” Parties are also encouraged to refer cases to the International Court of Justice as appropriate.
As in Paragraph 3 of our Article XI, the CWC’s Article XII empowers the Executive Council to recommend remedies, including sanctions, “in cases where serious damage to the object and purpose of this Convention may result from activities prohibited under this Convention.” To give force to those recommendations, the CWC’s Council is to “bring the issue, including relevant information and conclusions, to the attention of the United Nations General Assembly and the United Nations Security Council.” Recommendations by our treaty’s ISIA Executive Council may be similarly escalated.