REGNRSG 105 Lecture Notes - Lecture 18: Endangerment, Statute Of The International Court Of Justice, Lagrand Case
Chapter 12 of International Law: The Peaceful Settlement of
Disputes
Adversaries to viable options that assist disputing parties in de-escalating and
resolving destabilising disputes;
International law does not oblige parties to settle their disputes. It does require to
find peaceful solutions to the disputes they try to resolve.
Art. 2(3) UN Charter: members must resolve disputes by ‘peaceful means’ in
order to not endanger international peace and security;
Art. 2(4): prohibition on threat of use of force.
Non-adjudicatory means of settling international disputes
Diplomatic means; most preferred by states; includes:
• Direct negotiations by parties: states negotiate with each other; states
commit themselves legally to initiate negotiations if dispute arises;
• Good offices: third party (usually entity deemed neutral and trustworthy)
offers to facilitate and support potential efforts to enter into direct
negotiations;
• Mediation: third party assumes a more direct role in the negotiations and
begins to suggest terms for potential settlement or offers solutions to
compromise; introduction of powerful state will facilitate difficult
negotiations; mediation is not governed by any rules of procedure, but
successful mediation usually requires mediator to play active role and
seek to identify underlying interests; requires both common and separate
meetings with the parties;
• Commission of inquiry: in case of disagreement about factual
circumstances surrounding a dispute; commission charged to ascertain
relevant facts; may also be established by international organisation or
supervisory organ;
• Conciliation: production of report with non-legally binding
recommendations by third party trusted by parties on proper settlement of
dispute; report of conciliatory body presents all relevant aspects of the
dispute, and offers a tentative solution to the dispute;
• Security Council: maintenance of peace and security internationally; has
authority to take enforcement measures if required to ‘maintain or restore
international peace’; non-coercive settlement of disputes which are likely
to endanger maintenance of peace and security → Art. 33 UN Charter,
parties shall seek solution by means of their own choice, but Council can
also interfere; Art. 34: Council may investigate any dispute which might
lead to international friction; Art. 36: Council may recommend
appropriate procedures of adjustment; Art. 37+38: dispute referred to SC
in case they fail to settle it themselves; SC can make recommendations,
which are non-binding with view of reaching pacific settlement;
• UN General Assembly: finding peaceful solutions to disputes;
institutional setting for all sorts of debates; can discuss and make
recommendations; Art. 14 UN Charter: recommendation of measures for
peaceful adjustment of any issue likely to impair general welfare amongst
nations; two things to be noted about powers of the GA:
1. Assembly is subordinate to the SC; it may not make
recommendations with regard to disputes while SC is exercising
functions assigned to it;
2. Assembly does not have authority to issue binding decisions or
resolutions; states not under obligation to comply with decisions.
Arbitration
International arbitration: adjudicatory method for resolving dispute with long
history in international law
→
Alabama arbitration;
• Arbitration is not limited to disputes between states →
Mixed arbitration: settlement of disputes between states and individuals or
corporations.
• Always based on the consent of the disputing parties;
• Number of conventions provide that disputes about interpretation of the
convention can be settled by arbitration;
