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1. What are the modes of Dispute Resolution under International Law? Discuss
each.
Article 33 of the UN Charter; all Members shall settle their International
disputes by peace-ful means, and lists the most usual ones: NEGOTIATION,
MEDIATION, CONCILIATION, ARBITRATION and JUDUCIAL SETTLEMENT.
Discuss each:
Informal means: (Non-judicial) Negotiation, Mediation, Conciliation
Negotiation procedure is flexible which means that the parties have
the control of the process of the settlement. Parties discuss to
reconcile previous divergent opinions.
Mediation is usually an ad hoc method involing the agreed
intervention of a third person in an attempt to reconcile the claims of
the parties.
Conciliation is another non judicial method where parties refer their
controversies to a third person and that person will submit s report of
recommendation for a peaceful agreement/settlement of the parties.
Quasi-judicial methods
Arbitration is the submission of the partieds to judge/judges. The
parties will have the right to choose what is the procedure to be
follow in the settlement such as the laws to be applied and the
composition of the Tribunals.
Judicial settlement is the submission of the dispute to the Principal
judicial organ of the U.N which is the International Court of Justice. you wouldnt need to pay unlike in arbitration.
2. What is the Obligation of the peaceful settlement of dispute?
Under Article 2 Paragrapg 3 of the U.N Charter it states that
all members shall settle their International Dispute in a peaceful
manner in such a manner that Intl peace, security and justice are not
endangered.
3. What is the difference between Political means and legal way of Dispute
settlement?
(on my own opinion) the Political way of dispute settlement are those methods
which are non-judicial in nature; those that does not require or involve an
International tribunal and that which the process is informal and depends upon the
choice of the parties (discussed in number1)
While the legal way of dispute settlement are those methods which are