The Peaceful Settlement of Disputes.ppt

The Peaceful Settlement of Disputes Images of Justice – Turkey 1959 Images of Justice – Liberia Images of Justice – Giotto, Italy, 1305 The Peaceful Settlement of Disputes The meaning of ‘dispute’ The principle of peaceful settlement of disputes Diplomatic methods of dispute settlement negotiation good offices mediation inquiry Conciliation Settlement by the United Nations Settlement by regional organisations Arbitration Judicial settlement The International Court of Justice The Tribunal of the Law of the Sea other courts and tribunals The meaning of ‘dispute’ The Permanent Court of International Justice described a dispute as “a disagreement over a point of law or fact, a conflict of legal views or of interests between two persons” (Mavromatis Palestine Concessions Case, 1924). A distinction is sometimes made between legal and political disputes, or justiciable and non-justiciable disputes. The principle of peaceful settlement of disputes Article 2(4) of the Charter of the United Nations provides that “All Members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered” The principle of peaceful settlement of disputes The 1970 Declaration on Principles of International Law Concerning Friendly Relations and Co-operation Among States provides that: “States shall seek early and just settlement of their international disputes by negotiation, inquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their choice” Diplomatic methods of dispute settlement - negotiation The simplest and the most utilised method to resolve differences is negotiation; Negotiation means discussions between interested parties with a view of reconciling divergent positions; The parties are directly engaged; Successful negotiation requires a certain degree of mutual goodwill, flexibility and sensitivity. Diplomat