Means for the Settlement of International Disputes
This article discusses all amicable means for the settlement of international disputes. 1. Negotiation The settlement of the international disputes by the disputant states themselves by negotiation is said to be a settlement of the disputes by negotiation. In other words, when there a dispute arises between two or more states then to avoid the chances of war… Read More »
This article discusses all amicable means for the settlement of international disputes. 1. Negotiation The settlement of the international disputes by the disputant states themselves by negotiation is said to be a settlement of the disputes by negotiation. In other words, when there a dispute arises between two or more states then to avoid the chances of war or violence they tend to conduct negotiation for the matters to be settled. The negotiation is to be taken by the...
This article discusses all amicable means for the settlement of international disputes.
1. Negotiation
The settlement of the international disputes by the disputant states themselves by negotiation is said to be a settlement of the disputes by negotiation. In other words, when there a dispute arises between two or more states then to avoid the chances of war or violence they tend to conduct negotiation for the matters to be settled.
The negotiation is to be taken by the political representatives of the disputant countries, without involving any third or non-concerned country.
2. Good-offices
The act or arrangements taken by a third party to bring disputant parties for negotiation or to settle the dispute between them by any peaceful means is said to be Good-offices.
In the case of Good-offices, the third merely renders services to bring the disputant parties to peace full means of settlement of disputes. Here the third party does not give any suggestions or take part in the meetings as to be held between the disputant parties. Shortly speaking, in case of good offices whenever the parties to dispute come to peace full of settlement of dispute the duty of the third party finishes.
3. Mediation
The act of participating and in the discussions and giving suggestions to settle a dispute between two parties by a third party is said to be Mediation.
In other words, mediation is the method to settle a dispute where any third party actively takes part in the sessions of dialogues or negotiations held between disputant party as to resolve the dispute. In the case of mediation, the mediator should consider the matter of compromise between the parties rather than encourage the strict letter of the law.
4. Inquiry
The process to ascertain the facts of disputes by a commission of imperial investigators is said to inquiry. This mean is intended to find out the questions of law and mixed questions of law and fact involved in a dispute. The only function of the commission is to bring in light those facts, which are the root cause for the alleged dispute, and to investigate the question of law and mixed questions of law and fact.
5. Conciliation
The process of referring a dispute to a commission; for the purpose of finding out facts and preparing a report containing proposals for the settlement of that dispute, is called conciliation.
In case of conciliation, the commission is to take two tasks, at first, it shall ascertain the facts of the dispute and secondly, it shall prepare a report which shall reveal that the possible measures to settle the dispute. But the proposals prepared by the commission have no binding force upon the parties. The parties can disagree with the proposals.
6. Arbitration
The process of referring the dispute; by the mutual consent of the parties to a body of persons or to a tribunal for a legal decision is called arbitration.
The essential ingredient of arbitration is the consent of disputant parties to the dispute. In other words, the referring of the dispute to a Court of Arbitration is dependent on the sweet-well of the parties. International law recognizes a court for arbitration known as the Permanent Court of Arbitration. But in fact, it is neither permanent nor a court.
7. Judicial Settlement
The process of settling a dispute; by the International Tribunal in the light of the provisions of International Law, is said to be Judicial Settlement. For Judicial Settlement there is a judicial organ in international law, known as the International Court of Justice. Both the award given by the arbitration tribunal and the decision given by the International Court of Justice comes in the ambit of Judicial Settlement.
Like in arbitration, in case of referring the dispute to the International Court of Justice the consent of both the parties are necessary to be given. International Court of Justice shall take its proceeding in the light of the rules of International law, and its procedure is governed by the statute known as the Statute of the International Court of Justice. The International Court of Justice plays a very important role in the settlement of international disputes.
8. Security Council
A dispute may be settled by a principal organ of the United Nations, known as the Security Council. The Council consists of fifteen members. Five members are permanent while the remaining ten members are non-permanent members. Wide powers have been entrusted to the Council for the settlement of disputes, which tend to endanger world peace and security. There is a number of measures to be taken by the Council for the settlement of the disputes.
9. General Assembly
General Assembly is another principal organ of the United Nations. The Assembly has no specific means to settle the dispute, rather it has general powers to settle the international dispute. It has the power to discuss and suggest better means for the peaceful settlement of disputes.
Conclusion
Briefly speaking, International Law intends to overcome the chances of war and violence, and believe to solve disputes on the merits of political, diplomatic and judicial bases. To avoid the chances of breaking out of wars it provides certain measures and means. Among which above are the amicable means to settle the disputes. But international law also recognizes certain coercive or compulsive means to settle the disputes in extra-ordinary cases where International peace and security has been endangered.
