Laws on International Disputes

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The focus is more on Peace Settlements

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Laws on International Disputes

  1. 1. Laws on International Disputes FEBRUARY 21. 2014 2:00-3:00, MWF @P403 KHALID, VIDANIA, EVANGELISTA. MORADA
  2. 2. What are disputes, conflicts? DISPUTES:  Territorial  Pacific  Arial CONFLICTS:  Interpersonal  Intrapersonal  Intergroup
  3. 3.  Part I. UN Charter  Part II. Corollary and related principles  Part III. Three Methods for Peace Settlements  Part IV. Procedure envisaged in other international instruments  Part V. The International Court of Justice
  4. 4. Charter of the United Nations  To maintain international peace and security.  To take effective collective measures for the prevention and removal of threats to the peace and to the suppression of acts of aggression or other breaches of peace.  To bring out by peaceful means and in conformity with the principles of justice in international law.
  5. 5. . "All Members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered" (Article 2, paragraph 3).
  6. 6. Chapter VI (Pacific settlement of disputes), "The parties to any dispute, the continuance of which is likely to endanger the maintenance of international peace and security, shall, first of all, seek a solution by diplomatic method, or other peaceful means of their own choice." (Article 33, paragraph 1)
  7. 7. Corollary and related principles 1. Principle of non-use of force in International relations.  Section I, paragraph 13, “under which neither the existence of a dispute nor the failure of a procedure of peaceful settlement of disputes shall permit the use of force or threat of force by any of the States parties to the dispute.
  8. 8. Corollary and related principles 2. Principle of non-intervention in the internal or external affairs of the states. 3. Principle of equal rights & self-determination of people.
  9. 9. Corollary and related principles 4. Principle of sovereign equality of states. 5. Principle of International law concerning the sovereignty independence & territorial integrity of states.
  10. 10. Corollary and related principles 6. Good faith in International relations. 7. Principle of Justice & International Law. 8. Other corollary & related principles and rules.
  11. 11. Three Methods for Peace settlements  Diplomatic  Adjudicative  Institutional Method
  12. 12. Diplomatic Method  Negotiation and consultations  Inquiry  Mediation  Conciliation  Good Offices
  13. 13. Adjudicative  they provide the issuance of binding decisions, rather than mere recommendations as in cases of diplomatic methods. Two types:  Arbitration  Judicial settlements
  14. 14. Institutional Method 1. Peace settlement Dispute by the UN UN will intervene to consider the dispute and give its recommendations on the matters. Security Council-responsibility, Courses of Action:  call upon the parties to a dispute to settle their dispute by any of the peaceful means.  recommend to the parties appropriate procedures or method of settlement.  recommend terms of settlement, as it may consider appropriate. 
  15. 15. Institutional Method 2. Peace Settlement of Dispute by the Regional Organization Article 52 of the Charter recognizes the right of the members of the United Nations to establish regional arrangements or agencies “for dealing with such matters related to the maintenance of international peace and security”. 
  16. 16.  Paragraph 2 of this Article requires the member States that are members of regional arrangements or agencies to “make every effort to achieve pacific settlement of local disputes through such regional arrangements or by such regional agencies before referring them to the Security Council.
  17. 17. Procedure envisaged in other international instruments  Divided into two broad categories:  Constituent instruments of international organization of universal character. (Ex. Specialized agency of the UN)
  18. 18. Procedure envisaged in other international instruments  numerous multilateral treaties which regulate the relations between States parties thereto and establish appropriate procedures for the settlement of disputes.
  19. 19. The International Court of Justice  Settle legal disputes  Advisory opinions  Adjudicate disputes  Contentions-parties disputes are settled
  20. 20. The End.

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