Penyelesaian Sengketa Internasional

Summary

This presentation discusses international dispute resolution methods, focusing on both peaceful and forceful approaches. Peaceful methods include diplomatic negotiations, inquiry, mediation, conciliation, and arbitration, while forceful methods involve war and non-war actions like retaliation and intervention. The International Court of Justice (ICJ) plays a critical role in resolving legal disputes between states, providing binding rulings and advisory opinions. Arbitration is highlighted as a voluntary and neutral dispute resolution mechanism. Legal frameworks supporting these methods are grounded in international law and the United Nations Charter, aiming to maintain global peace and security.

Takeaways

• 😀 International disputes can occur between countries, between a country and another legal entity, or between non-state actors.
• 😀 Dispute resolution can be categorized into peaceful methods and forceful methods, with peaceful methods being preferred under international law.
• 😀 Peaceful dispute resolution includes diplomatic methods such as negotiation, inquiry, mediation, and conciliation.
• 😀 Legal methods for peaceful dispute resolution include arbitration and international court proceedings, such as the International Court of Justice (ICJ).
• 😀 Arbitration is a voluntary and binding process where disputes are resolved by a neutral third party based on evidence presented by both sides.
• 😀 The International Court of Justice (ICJ), founded in 1945, resolves legal disputes between states and gives advisory opinions to international bodies.
• 😀 The ICJ’s decisions are binding on the parties involved, whereas its advisory opinions are non-binding but provide legal guidance.
• 😀 International dispute resolution through peaceful means is emphasized in the UN Charter and international agreements like the 1907 Hague Convention.
• 😀 Forceful dispute resolution, such as war, is prohibited under international law, and alternative non-war methods like retorsion, reprisal, and intervention exist.
• 😀 Arbitration can be ad hoc (temporary for specific disputes) or institutional (permanent bodies like the International Chamber of Commerce).
• 😀 In Indonesia, arbitration is governed by Law No. 30 of 1999, allowing for resolution of civil disputes outside the regular court system.

Q & A

What is meant by 'international dispute'?

An international dispute refers to a conflict or disagreement between two or more countries, or between a country and another subject of international law, such as an international organization or non-state actor.

What are the two main categories of international dispute resolution?

International dispute resolution can be categorized into two main types: peaceful dispute resolution and coercive or violent dispute resolution.

What are the peaceful methods of resolving international disputes?

Peaceful methods of resolving international disputes include diplomatic methods (such as negotiation, inquiry, mediation, and conciliation) and legal methods (such as arbitration and international courts).

What is the role of the International Court of Justice (ICJ)?

The International Court of Justice (ICJ) is the principal judicial body of the United Nations, tasked with resolving legal disputes between states and offering advisory opinions on legal questions posed by authorized international bodies.

What are some non-violent coercive methods of resolving international disputes?

Non-violent coercive methods include retorsion (countermeasures for wrongful acts), reprisals (acts aimed at obtaining reparations), blockades (restricting a country’s access), and intervention (interfering in a country's internal affairs).

Why is the use of violence in international relations prohibited today?

The use of violence is prohibited in international relations as part of international law, particularly through conventions like the 1907 Hague Conventions, the UN Charter (Article 2(3)), and the Declaration of Principles of International Law, which advocate for resolving disputes peacefully.

How does the International Court of Justice (ICJ) function in dispute resolution?

The ICJ resolves disputes between states by hearing cases, providing binding decisions on legal issues, and issuing advisory opinions. The process includes written submissions, hearings, and a final judgment, which must be followed by the involved parties.

What is arbitration in the context of international disputes?

Arbitration is a process where parties agree to submit their dispute to a neutral third party, called an arbitrator, whose decision is legally binding. It is often used as an alternative to court-based resolution.

What is the difference between 'compulsory' and 'voluntary' arbitration?

Voluntary arbitration occurs when both parties agree to submit their dispute to arbitration, while compulsory arbitration is imposed by a legal framework or treaty, obligating parties to resolve disputes through arbitration.

What legal documents provide the foundation for the operation of the ICJ?

The primary legal frameworks for the ICJ are the United Nations Charter (1945) and the Statute of the International Court of Justice, which outline its structure, function, and procedural rules.