Settlement of International Disputes: Lecture and Easy Notes

Summary

This video discusses various methods for settling international disputes, categorizing them into peaceful and coercive means. Peaceful methods include adjudicative, diplomatic, and institutional approaches such as arbitration, judicial settlement, negotiation, and the use of international organizations like the UN. Coercive methods, including retortion, reprisals, embargoes, blockades, and intervention, are also explored. The legal framework for these methods is grounded in conventions like the Hague Conventions and the UN Charter. The video provides historical context and examples, illustrating the evolution of dispute settlement and emphasizing the role of international law in fostering peaceful resolutions.

Takeaways

• 😀 Disputes in international law arise from disagreements on facts or legal points, often involving conflicts of legal views between states.
• 😀 A dispute may be triggered by a wrong done to a national, with the government of the aggrieved state taking action.
• 😀 Methods for settling disputes fall into two categories: Pacific (peaceful) means and coercive (forceful) means.
• 😀 Pacific means of settlement include arbitration, judicial settlement, negotiation, good offices, mediation, conciliation, inquiry, and through international organizations.
• 😀 Coercive means of settlement include retortion, reprisals, embargo, blockade, and intervention.
• 😀 Pacific dispute settlement methods are further categorized into adjudicative, diplomatic, and institutional methods.
• 😀 Adjudicative methods involve arbitration (where disputes are referred to arbitrators) and judicial settlement (handled by courts like the International Court of Justice).
• 😀 Diplomatic methods include negotiation, good offices, mediation, conciliation, and inquiry, with the involvement of third parties in some cases.
• 😀 Institutional methods involve utilizing organizations like the United Nations or regional bodies for dispute settlement.
• 😀 The Hague Conventions (1899 and 1907) and the UN Charter (Article 33) are key legal references for peaceful dispute settlement.
• 😀 Coercive means, such as retortion and reprisal, are used when peaceful methods fail, but their use is restricted under international law to prevent unlawful force or violence.

Q & A

What is the definition of an international dispute?

An international dispute is defined as a disagreement on a point of law or fact, a conflict of legal views or interests between states, often involving a wrong done to a national of one state and taken up by the government of the aggrieved national's state.

What are the two main types of dispute settlement methods?

The two main types of dispute settlement methods are 'Pacific means' and 'Coercive means.' Pacific means include arbitration, judicial settlement, negotiation, and others, while coercive means include actions like retortion, reprisal, embargo, and military intervention.

Can you explain the difference between adjudicative and diplomatic methods of dispute settlement?

Adjudicative methods include arbitration and judicial settlement, where a neutral third party makes a binding decision. Diplomatic methods, such as negotiation and mediation, involve direct dialogue or the involvement of a third party to facilitate the resolution of a dispute, without binding decisions.

What is arbitration in the context of dispute settlement?

Arbitration is a consensual procedure where a dispute is referred to arbitrators, who render a binding decision called an 'award.' The process is governed by the parties' agreement, and the arbitral award is binding on both parties.

How is judicial settlement different from arbitration?

Judicial settlement is handled by a permanent court, such as the International Court of Justice (ICJ), where disputes are settled based on international law. In contrast, arbitration involves a temporary tribunal chosen by the parties, and its decisions may not strictly follow international law.

What role does negotiation play in diplomatic dispute settlement?

Negotiation is a voluntary, bilateral process where states attempt to resolve disputes through direct dialogue. It is often the first step in the peaceful settlement process and does not require third-party involvement.

What are 'good offices' in the context of dispute resolution?

Good offices involve a third party offering assistance to two disputing states, without taking an active role in the dispute. The third party helps create a conducive environment for the parties to negotiate or settle their issues.

How does mediation differ from conciliation in dispute settlement?

Mediation involves a third party actively participating in the dispute resolution process and trying to find a compromise. In contrast, conciliation involves a third party or impartial persons proposing solutions to the dispute, but the proposals are not binding on the parties.

What is the purpose of inquiry in dispute settlement?

Inquiry involves an investigation into the relevant facts of a dispute, typically by a commission, to help establish the truth and provide clarity that may assist in resolving the issue.

What are 'coercive means' of dispute settlement, and when are they used?

Coercive means include actions like retortion, reprisal, embargo, blockade, and intervention. These are used when peaceful methods fail, and typically involve punitive measures to exert pressure on a state that has violated international law or norms.