The End of the Affair: the Extinction of Disputes in International Law

Determining the existence of a dispute is key to establishing and exercising jurisdiction in international adjudication by international courts and tribunals. Much has been written on the definition and emergence of a dispute, but there has been almost no scholarly consideration of the question of the ending of a dispute. This article contends that the extinction of a dispute is a separate and independent legal process, distinct from the mere non-fulfilment of the criteria for the definition of a dispute. It conducts a thorough study of the different means of extinguishing a dispute as recognised thus far in the case law of the ICJ and ITLOS , identifying and analysing three methods by which a dispute may be extinguished. It then demonstrates that each such method is deeply rooted in core legal principles related to the international judicial function.