Peaceful Settlement of International Disputes

2. Dispute A disagreement on a point of law or fact, a conflict of legal views or interest

between the parties (Coquia and Santiago, 2005)

3. International Dispute - Actual disagreement between States regarding the conduct taken by
one of them for protection or vindication of the interests of the other (Nachura, 2009)

- A disagreement on a point of law or fact, a conflict of legal views or of interests between two
States. Disputes relate to an alleged breach of one or more legal duties. They may also relate to a
question of attribution of title to territory, to maritime zones, to movables or to parts of the
cultural heritage of a State (Brownlie, 2009)

4. Kinds of Disputes
Legal disputes - Involves not only questions of law but also the law itself Political
disputes - Non-justiciable, political or non-legal issues

5. Pacific Settlement of Disputes Art. 33 of the UN Charter provides for the means of settling
disputes:
(a). Negotiation (b) Enquiry (c) Mediation (d) Conciliation (e) Arbitration (f) Judicial
settlement (g) . Resort to regional agencies or arrangements (h) Other peaceful means of
their own choice

6. Negotiation Settlement of disputes by direct discussions or exchange of views through

diplomatic representatives

7. Enquiry Use of effective fact- finding bodies in accordance of Art. 33 of the Charter.
Ascertainment of pertinent facts and issues in a dispute

8. Mediation Offers concrete proposals for settlement of substantive questions; Settlement of

dispute undertaken by a third State, group of States, an individual, an agency or an international
organization

9. Tender of Good Office Normally seeks to encourage the parties to resume negotiation
Facilitate efforts towards settlement of dispute and act as a channel of communication for parties;
Offer of a third party to settle international dispute

10. Mediation vs Tender of Good Office In mediation, third party offers a solution and makes
proposals; good office merely brings the parties together.
11. Conciliation A combination of mediation and inquiry (Handbook on the Peaceful
Settlement of Disputes between State, 1992)

12. Arbitration Resolution of differences between States through a legal decision of one or
more umpires or of a tribunal chosen by the parties

13. Resort to Regional Arrangements and other Agencies

• Regional arrangements – agreements (regional multilateral treaties) under which States of a

region undertake to regulate their relations with respect to the question of the settlement of
disputes, without creating thereunder a permanent institution or a regional international
organization with international legal personality

• Regional agencies – regional international organizations created by regional multilateral

treaties under a permanent institution with international legal personality to perform broader
functions in the field of the maintenance of peace and security, including the settlement of
disputes.

14. Judicial Settlement Submitting a dispute to a pre-constituted international court or tribunal

composed of independent judges whose tasks are settle claims on the basis of international law
and render decisions which are binding upon the parties
.
15. International Court of Justice
Established in 1946 as a principal organ of the United Nations;
It replaced the Permanent Court of International Justice which had functioned in the Peace
Palace since 1922;
Its seat is at the Peace Palace in The Hague (Netherlands)

16. Composition: – 15 judges elected to nine-year terms of office by the United Nations
General Assembly and Security Council sitting independently of each other.
– It may not include more than one judge of any nationality.
– Elections are held every three years for one-third of the seats, and retiring judges may be re-
elected. The Members of the Court do not represent their governments but are independent
magistrates.
– The judges must possess the qualifications required in their respective countries for
appointment to the highest judicial offices, or be jurists of recognized competence in
international law.
– The composition of the Court has also to reflect the main forms of civilization and the principal
legal systems of the world.
17. Functions:
1. to settle in accordance with international law the legal disputes submitted to it by
States, and
2. to give advisory opinions on legal questions referred to it by duly authorized
international organs and agencies.

18. Parties to a case: ◦ Only States may be parties to cases brought before the Court

19. Jurisdiction and competence of the court: – jurisdiction of the Court depends upon
consent, the recognition of the States of the jurisdiction of the Court over a dispute. Recognition
may be expressed by :
Special agreement;
Compromissory clause in treaties;
Other means (declaration of States that they accept in advance the jurisdiction of the court in
certain cases; Optional Clause)

20. Reservation to Acceptance of Jurisdiction

Types:
a. Rationae temporis – temporal jurisdiction refers to the jurisdiction usually of a court of law
over a proposed action in relation to the passage of time
b. Matters within the domestic jurisdiction of the declarant.