What are the peaceful methods of settling international disputes?

International Disputes:

It is a salient feature of human nature that he cannot live alone. Every person needs the support and help  of other people to get the necessities of life. In this series of mutual cooperation and unity sometimes conflicts also arise. Some of these conflicts or disputes are minor in nature, while some of the disputes are of a very serious and complex , for the resolution of which it is very important to take steps.

Steps for the Solution of Universal Disputes:

Steps are being taken at the global level to resolve conflicts. For example, there is a convention to prevent wars in 1819 and in 1939 written laws were made.

Purpose of United Nations:

The key factor in establishing the United Nations was to resolve conflicts and disputes with a peaceful manner so that the humanity can be protected from the destructions caused by these disputes . The League of Nations has also been working for this purpose.

Methods for Settlement of International Disputes:

There are two methods to resolve disputes:

 

1. Peaceful means:

(Amicable Means)

i. Arbitration.

ii. Judicial Settlement.

iii. Negotiations.

iv. Good Offices.

v. Mediation.

vi. Conciliation.

vii. Enquiry.

viii. Settlement Through U.N.O

2- Forced methods :

(Coercive Means)

i. Retortion.

ii. Reprisals.

iii. Peaceful Blockage.

iv. Intervention.

v. War.

vi. Embargo.

Peaceful methods of settlement are preferred.

1. Peaceful Methods:

(Amicable Means)

Peaceful methods of dispute settlement are as follows.

 

i. Arbitration :

To appoint a person for the settlement of a dispute is called arbitration. If two states have a dispute and they agreed upon court arbitration the dispute is settled down smoothly and peacefully. An arbitration judgment is called an award. The parties mutually agree to appoint a person to settle the dispute.

According to Professor Brierley:

“Arbitrators and Judges are bound to give the decisions in accordance with the legal principles. They cannot evade the law.”

·        Decision of Arbitrary Court:

In case of a conflict or dispute if two states agree to refer the dispute to the International Court of Justice for arbitration. They have to accept the decision of court by all means. There will no be a choice for anyone of to appeal against this decision.

Right of Appeal:

In the case of arbitration under international law, an appeal cannot be made against the court decision, but for the following reasons appeal can be made against the decision.

1:-Be impartial in the decision.

2:- Injustice has been done in the decision.

3:-There is an element of fraud in the decision.

ii. Judicial Settlement:

Dispute can be decided through courts.

 Judicial Settlement Means:

It refers to a procedure through which states submit their disputes before the International Court of Justice for the seek of judicial decision. The International Court of Justice gives a decision on the said dispute after a formal hearing.

Establishment of Justice Court:

The International Court of Justice was founded in San Francisco in 1945, under the Charter of United Nations.

Procedure of Court:

The International Court consists of fifteen Judges elected by the General Assembly and the Security Council for nine-year terms. The procedure of the judiciary is defined in the Charter of the United Nations.

Right of Petition:

Every member state of the United Nations can take a case to the International Court of Justice, while for non-member state it is necessary to meet the conditions imposed by the Security Council.

Court Verdict:

It is with the majority of votes the decisions are taken or made by the International Court of Justice.

JURISDICTION:

(a) Disputed Jurisdiction:

The court has the right to settle all the disputed matters that are brought before it. In the dispute jurisdiction hearing, if one party state approaches the court for a settlement solution and the other party state does not object to it, then the regular hearing of the case starts but when one of the parties is not willing to take the dispute to court, the court has no rights to decide such dispute.

(b) Compulsory Jurisdiction:

The court also has the right to have compulsory jurisdiction.

If a party bring the case to the court then the court  can give a decision on it.

The court has compulsory jurisdiction over the following matters:

1. On contract interpretation.

2. On a problem about international law.

3. Matters relating to international infringement.

(C) Advisory Jurisdiction

 

There is an advisory jurisdiction available in the International Court of Justice. The General Assembly and the Security Council can request an opinion from the Court of Justice on an issue. In addition, the United Nations institutions and agencies also do so. If the parties of dispute decide that an opinion will be got by international court of Justice then the parties have to act upon the advice of court. Such a request must be made to the United Nations or any of its agencies to obtain an advisory opinion. After that the parties concerned are summoned to court.

iii. Negotiations:

A solution to dispute settlement can also be found through negotiation. The two states or parties involved in the dispute are brought face to face so that they can discuss the respective dispute and come to a conclusion. In this way, the problems can be resolved through negotiation and a final conclusion can be reached.

International Court of Justice:

The International Court of Justice held in a case Marommatis Palistine Concessions that negotiation in the sense of international jurisdiction and international law is a general legal method that governments use in relation to and negotiate with other states in the exercise of their unlimited power and they settle mutual differences.

iv. Good Offices:

When a dispute cannot be resolved through mediation and negotiation, an attempt is made to settle disputes through services. In this procedure, a third state offers its services for settlement. Such The offer can also be made by an international organization e.g. United Nations Islamic Summit Conference or Arab League etc.

V. Mediation:

 When a third state makes a concerted effort to settle a dispute between two states, it is called mediation. In case of mediation a state take a review of all the aspects of dispute and tries to reconcile between the parties.

Vi. Conciliation:

Conciliation is done to settle the dispute between two states. A committee is formed for this purpose which examines all aspects of the dispute and seeks reconciliation between the parties.

According to the United Nations:

“Conflict resolution through reconciliation is a peaceful method between the parties.”

vii. Enquiries:

Disputes between states can also be resolved through enquiries. Through inquiries, all aspects of the problem concerned are carefully examined in order to resolve it.

viii. Settlement Through U.N.O:

“Under Article 2 of the UN Charter, all member states have said that they will settle disputes by peaceful means and will not use force to settle disputes.” According to the Charter, states involved in a dispute attempt to resolve the dispute through conciliation, mediation, negotiation and judicial adjudication. The Security Council can take action against a member state that is violating international norms.

2- Forced methods of settlement:

(Coercive Means)

States also use force to resolve international disputes. The forced methods of settlement are as follows:

 

i.Retortion:

Sometimes a state retaliates using its own power when another state did something against it. Such action is called retortion.

Starke's Point of View:

Shark's point of view is that the UN Charter has somewhat taken away the state's right to retaliate and to react against any state. According to the Charter, no state can take any action for destructive purposes which may harm international peace. Such a method of retaliation is not considered appropriate in modern times because states use too much force in this method in a negative way.

ii.Reprisals:

Sometimes, when a state is hurt by another state, it retaliates and take the revenge itself.

Against Law:

Reprisals are illegal, but other actions of the state can be justified to make them legal.

Legality:

In order to provide legal justification to reprisals, it is necessary to first inform the other state of its loss and demand its compensation. However, if the concerned state ignores this demand, then legal action may be taken against it.

iii. Peaceful Blockade:

One method of conflict resolution is the peaceful blockade of the ports of the state concerned. Ports of such States and the coastal routes are controlled and blockaded in such a way that no one can come in or out of the state. Because of the blockade, there is lack of commodities and the state is forced to end the conflict. But

it is necessary for the blockade to be formally announced first.

iv. Intervention:

Every state has the right not to interfere with its sovereignty. In some situations, a state starts interfering in the affairs of another state so that the state cannot do its own thing, so in international law, it has been declared illegal.

According to United Nations:

“The United Nations Charter stipulates that states should not interfere in the internal affairs of other states. Not to use force against them or threaten to use force.

Conditions of Intervention:

 

A State may intervene in a State for the following reasons:

1.In response to unlawful interference.

2.For personal protection.

3.For humanity.

4.To maintain the balance of power.

5. In case of civil war.

6. To enforce act upon agreements.

v. War:

The most important method of use of force is war. Disputes can be resolved at will through war. A conquered state remains subject to the conquering state. International law strongly opposes war.

vi. Embargo:

By obstructing the traffic of the ships of the offending State, it can be forced to settle the dispute as wished. The term embargo is derived from the Spanish, meaning: to effectively block the enemy’s ships in one's port.