By Danial Khan

International dispute is disagreement between

two or more states on a point of law or fact.
International law lays down the procedure
for the settlement of international disputes
because it has always been the objective of
international law to develop means and ways
through which the disputes among the
nations may be resolved.
"A disagreement on a point of law or
fact, a conflict of legal views or
interest between two persons."
1. Ideological difference
2. National integrity
3. Territorial claim
4. Unlimited colonialism
5. Liberation movement
6. National prestige
 According to Prof. Lawrence
In order to acquire the status of international
dispute the following requisites must be
fulfilled.

(a) The dispute must be between states.

(b) The dispute must relate to reasonable, well
defined subject matter.
(c) The dispute must lead to some action by
the aggrieved state.
1. Peaceful or amicable means
of settlement

2. Compulsive or coercive
means of settlement
 The charter of the united nations has recognized
the peaceful settlement of disputes as on the
principles of united nations. following are the
modes of peaceful settlement

1. Arbitration
Arbitration is a method to settle a dispute by a certain
persons called arbitrators. Article 15 of the Hague
convention lays down that "international arbitration has
for its object the settlement of differences between
states by judges of their own choice and on the basis of
respect of law.“
The Arbitrators can be a single person, group of persons, a
Commission or a Tribunal. Chosen by the parties.
2. Judicial settlement
Judicial settlement is peaceful mode to settle the international
dispute. At present there is a court which is called
international court of justice, which decides the international
disputes. It is composed by 15 judges appointed by UN. The
decisions of the ICJ are binding upon the parties concerned.

3. Negotiation
Negotiations come first in the list of means of settlement in
international disputes stipulated in Article 33(1) of UN
charter. It may be carried out the head of the states or
diplomatic agents. Negotiation is the simplest form of settling
the international dispute by the state.
4. Mediation
Mediation is conducting of negotiations through a agency of
third party. The third party not only offers it services but also
actively participates in talks to resolve the dispute.

5. Good offices
The act or arrangements taken by a third party to bring
disputant parties to negotiations by any peaceful means is
called Good offices. The third party does not give any
suggestions and take part in meetings.

Example : TASHKENT AGREEMENT B/W INDIA AND PAKISTAN

6. Conciliation
When a dispute is referred to a commission or a committee to
investigate the basis of the dispute and to make a report
containing proposals for settlement, the process is known as
conciliation. Thus conciliation is the process of settling a
dispute where the endeavors are made to bring the disputant
parties to an agreement and to make a report containing his
proposals for a settlement. It is important to note that the
proposals of the commission are not binding on the States
because of it not being a judgment of any Court or a Tribunal.
The General Assembly under Articles 10 and 14 and the Security
Council under Article 24 may appoint a Commission to
conciliate a dispute.

Belgo-Danish Conciliation Commission of 1952, is one instance of

appointment of conciliation commission for the settlement of
the dispute.
7. Inquiry
When a commission is appointed, consisting of impartial
investigators, for ascertaining the facts of the disputes, the
process is called an inquiry. The function of the commission is
confined not only to the ascertainment of the fact. It differs
from conciliation in the sense, that in the latter suggestions
are also given primarily, but in the former, only the
ascertainment of facts is done.

Dogger Bank Incident was the first case wherein the procedure
of inquiry was invoked, but after the first world war, states
preferred conciliation over the commission of inquiry.
8. United Nations
One of the fundamental objects of the Organisation is the
peaceful settlement of differences between States, and by
Article 2 of the United Nations Charter, Members of the
Organisation have undertaken to settle their disputes by
peaceful means and to refrain from threats of war or the use
of force.
In this connection, important responsibilities devolve on the
General Assembly and on the Security Council, corresponding
to which wide powers are entrusted to both bodies. The
General Assembly is given authority, subject to the peace
enforcement powers of the Security Council, to recommend
measures for the peaceful adjustment of any situation which
is likely to impair general welfare or friendly relations among
nations.
 If international disputes are not resolved through
peaceful manners it can be resolved through forcible
methods

1. Retorsion
The word retorsion means retaliation. It is base, to the certain extent,
on the principle of tit for tat. But the affected State can take only
those means or measures as retorsion which are otherwise
permitted under International Law. For example, in retorsion
diplomatic relations may be ended. Privileges of diplomatic agents
may be withdrawn and economic facilities may be stopped.

The purpose of Retorsion is to take retaliation but those actions cannot

legitimately be taken which are likely to endanger international
peace and security. Such actions if taken shall be illegal.
2. Reprisals
The term ‘reprisals’ includes the employment of any coercive measures by a State for
the purpose of securing redress. Thus, the main purpose of the reprisals is to compel
the delinquent State to discontinue the wrongdoing, or to pursue it, or both. If a
dispute has arisen due to an unjustified or illegal act of a State, the other state may
take any coercive measure against that State to settle the dispute. Formerly,
Reprisals were restricted only to the seizure of the property or persons, but later, it
included other methods as well such as bombardments, the occupation of territories
of a State, seizure of ships, freezing of assets of its citizens and taking any kind of
property belonging to it. Thus, it may be applied not only to the state but against
the citizens of that State as well.

After the creation of the United Nations, the principles of non-use of force and of
peaceful settlement of disputes have generally become a part of jus cogens, and
therefore the use of force in reprisals has been prohibited (Article 2 para 4 of the
Charter). Also, article 33 of Geneva Convention forbids reprisals against persons
protected therein.
Actions taken in reprisals are illegal and are taken exceptionally, by a State for the
purpose of obtaining justice. In reprisals, a State takes law into its own hands.

For instance, when king Alder was murdered, Yugoslavia expelled all the Hungarians
from its territory in 1935. The most disreputable case of reprisal was the occupation
of Corfu (Greece) in 1923 by Turkey.
 Reprisal and UNO: According to the U.N
Charter

1. No any member state should threat the territorial integrity and

political freedom of a state
2. The use of force should be avoided.
3. All those acts are illegal, which involve as the military.
4. Reprisals, which are applied against a criminal state can be
applied against its citizens.

Reprisals can be applied individually as well as collectively by

the state representatives. Reprisals are abolished when the
accused state compensate for its wrong done.
3. Pacific blocked
In this method, the ports of the criminal states are blockaded
until the blockading state request for satisfaction of its wrong
done. According to the Article-42 of the U.N. Charter, pacific
blockade is a source of maintaining International Peace and
security.
Examples are Turkish blockade by France, Russia and Great
Britain in 1872 while in 1886; Greece was blockaded in order
for demilitarization of her frontiers.

4. Embargo
Embargo is detention of ships in port. According to Hyde
embargo is detention within the national domain of ship or
other property otherwise likely to find their way to the
foreign territory. This method may be applied by a state in
respect of its own vessels or to the vessels of other states.
5. Intervention
Intervention is dictatorial interference by a state in the affair of
another state for the purpose maintaining the actual
condition of things. intervention has three categories:
Internal intervention, External intervention and Punitive
intervention.

 Internal intervention means when a state *A- interferes between the

disputing sections of state. 'B' when a foreign state directly or indirectly
provides assistance to rebels.
 External intervention means when a state 'A' interferes in the hostile
relations of other states for example when Italy entered the Second
World War in favour of Germany and against U.K.
 Punitive intervention is the case of a reprisal. For example, pacific
blockade against a state, which has breach a treaty.
To conclude it can be said that international
dispute is a disagreement on the point of law
or fact between two states. the international
law provides different means to settle the
dispute which may pacific and coercive `or
compulsive. today the pacific means are best
modes to settle the international disputed.