It about international law

1. Name pardeep kumar
Topic international dispute

2. Meaning of International Dispute
• Meaning of International Dispute
There is no universally acceptable' precise and perfect
definition of International Dispute. In a wide sense,
International dispute means a "disagreement on a point of law
or fact a conflict of legal views or of interest between the
States." This disagreement between the parties may arise either
on legal(justifiable) or political grounds (non-justifiable).

3. • Legal Differences: According to Prof. Oppenheim, legal
differences are those in which the parties to the dispute base
their respective claims and contentions on grounds recognized
by International Law
Political Differences: All other differences are usually
referred to as political disputes or as conflicts of Interests.
Political or legal differences depends more or less
upon the attitude of the States.it is, therefore, difficult to
distinguish the dispute from legal to political.

4. ) Settlement of International Disputes
• 2) Settlement of International Disputes
There are two ways of Settlement of International Disputes
are as follows -
(a) Amicable or pacific means of Settlement
(Peaceful Settlement)
(b) Coercive or Compulsive means of Settlement

5. • Disputes -
The charter of United Nations has recognized the
Peaceful settlement of disputes as one of the principles of
United Nations. According to Article 2 para 3 "all members
shall settle their International dispute by peaceful
means". The various amicable means of settling disputes
may be enumerated as follows :

6. •
(1) Negotiation (2) Good Offices (3) Mediation (4)
International Commission of Inquiry (5) Conciliation (6)
Arbitration (7) Machinery of the United Nations
Organization - i) General Assembly ii) Security
Council. (8) Judicial Settlement through International
Court of Justice (ICJ)

7. 1) Negotiation
When disputant States settle their disputes themselves by discussion or by adjusting their
differences, the procedure is called Negotiation. Negotiation may be carried on by their Heads of the States or
by their accredited representatives or by diplomatic agents. It is the simplest form of settlement of disputes. It
helps the disputant State Parties to bring about necessary change by mutual consent. The success of
negotiation depends largely upon the degree of acceptability of claims of one party by other and the spirit of
accommodation which the negotiations are conducted. Negotiations has certain weakness also, On many
occasions it becomes difficult for the disputant State to ascertain the precise facts of the dispute.Moreover, when
the parties are unequal it is likely that the small power may be subjected to the will of big power.
Examples :
Here are some examples of Negotiation
a) India and Pakistan Settled their outstanding differences in the Shimla Conference (1976).
b) India and Bangladesh Settled Farraka Barrage (gunfire) Issue through Negotiation. (1977)
c) Inda and Sri-Lanka Settled their Boundry dispute through Negotiation. (1974)
d) Australia and Newsland Settled their disputes by Neotiation (1965)

8. 2) Good Offices :
•
(2) Good Offices :
When the Parties refuse to negotiate, or when they fail to Negotiation, they may take the
assistance of a third party. The third party may be appointed by the parties themselves or by the security
council. The third party may be a State or an Individual. To settle the Kashmir dispute between India and
Pakistan the Security Council had appointed McNaughton in 1949, Mr. Dixon in the year 1950, Graham in the
year 1951 and Jarring in the year 1957 as representative of United Nations.
The term "Good Offices" connotes the bringing about the conflicting parties together and the
counseling of advice or the suggesting of a settlement without participating in the negotiation. Such
suggestions or advices may be disregarded by a party to a dispute without any compunction or breach of the
law.
Example :
The Prime Minister of United Kingdom, Mr. Wilson provided his good offices to India and Pakistan which
resulted in the parties to reach an agreement to refer Kutch issue to an Arbitral Tribunal.
In the year 1949, the Security Council rendered good offices in the dispute between the Netherland
Government and Republic Indonesia.

9. 3) Mediation :
• (3) Mediation :
Mediation is the conducting of negotiation between the disputing States through the agency of the third
party. In simple words, when the third party participates in the discussion along with the disputant States
and also gives its own proposals or suggestions in resolving the dispute, it is called as Mediation. The
Mediation presupposes the active participation of the third State in Negotiations, but the mediator's
suggestions have no binding force and the parties are free to accept or reject or modify them.
Article 34 and 35 of the Charter also provide for collective Mediation on the part of United Nations whenever
there is a situation which might lead to international friction.
Examples:
Soviet Union President Kosygin mediated in the Dispute between India and Pakistan which resulted in
the conclusion of a Tashkant agreement in 1966.
(See..... Distinction between Good Offices and Mediation )

10. 4) International Commission of Inquiry:
• 4) International Commission of Inquiry:
• An inquiry is also a method which is often resorted to for the settlement of disputes. It may be noted that it is not an
independent method and is often applied along with other methods. The main objective of the inquiry is to make an
investigation of the relevant matters so as to establish facts which may hold the ultimate solution of the problem. For example,
often inquiry Commissions are appointed in relation to the settlement of border disputes. The commission clarifies the facts after
making inquiry into the relevant facts.
• The first convention of the Hague Conference of 1899 suggested the establishment of the international commission
of inquiry for the international disputes involving neither honor nor vital interests and relating to points of fact with a view to
elucidating the facts and dispelling ignorance that ultimately leads to hostilities. The conference provided that such Commission
might be constituted by special agreement between the parties, the members of such Commissions being appointed in
accordance with the scheme laid down in Article 32 of the Convention for the appointment of the members of Arbitral Tribunals.
Examples :
The North Sea Incident Inquiry, the Tavignano, Camouna Gaulois Inquiry and the Tubantia are instances of such
Commissions of Enquiry

11. • (5) Conciliation:
When a dispute is referred to a Commission of persons to investigate the
basis of dispute and to make a report containing proposals for settlement after
finding out the facts, this process is known as conciliation. Such proposals have no
binding force on the parties to the dispute.
According to Hudson, "Conciliation is a process of formulating
proposals of settlement after an investigation of the facts and an effort to Reconcile
opposing contentions, the parties to the dispute being left free to accept or reject
the proposals formulated."
The term implies various methods adopted by the third party to amicably
settle the dispute between two or more States. It involves the formulation of
proposals for settlement after an investigation of the facts. The dispute may be
referred to a Commission for the favor of proposals to the parties for the
settlement.

12. • (5) Conciliation:
When a dispute is referred to a Commission of persons to investigate the
basis of dispute and to make a report containing proposals for settlement after
finding out the facts, this process is known as conciliation. Such proposals have no
binding force on the parties to the dispute.
According to Hudson, "Conciliation is a process of formulating
proposals of settlement after an investigation of the facts and an effort to Reconcile
opposing contentions, the parties to the dispute being left free to accept or reject
the proposals formulated."
The term implies various methods adopted by the third party to amicably
settle the dispute between two or more States. It involves the formulation of
proposals for settlement after an investigation of the facts. The dispute may be
referred to a Commission for the favor of proposals to the parties for the
settlement.

13. • (6) Arbitration :
Arbitration is the most important method of settling International difference (disputes) by amicable
means. According to Lawrence, " Its value resides in its judicial or quasi-judicial character. It signifies the
reference of the dispute to an individual, or small groups of individuals, to whom the parties state their
respective cases, and whose decision they are in honour bound to obey, and in fact have always obeyed, the
only instance to the contrary being due to the fact that the arbitrator had exceeded his powers... When a
dispute is submitted to arbitration, the matter takes on the semblance of a trial before a Court ". States are
however under no obligation to submit their dispute to arbitration unless they have bound themselves
beforehand by a Treaty. But once they have referred the matter to arbitration, they disregard to the award
means a breach of promise and the award is final, unless it is vitiated by fraud, collusion and the like, or the
arbitrator, as pointed out above, has exceeded his powers.
Examples:
The settlement of the dispute by arbitration in Alabama of Claims between the United States and
Great Britain went a long way in emphasizing the importance of arbitration as a means of settlement of the
dispute.

14. • (6) Arbitration :
Arbitration is the most important method of settling International difference (disputes) by amicable
means. According to Lawrence, " Its value resides in its judicial or quasi-judicial character. It signifies the
reference of the dispute to an individual, or small groups of individuals, to whom the parties state their
respective cases, and whose decision they are in honour bound to obey, and in fact have always obeyed, the
only instance to the contrary being due to the fact that the arbitrator had exceeded his powers... When a
dispute is submitted to arbitration, the matter takes on the semblance of a trial before a Court ". States are
however under no obligation to submit their dispute to arbitration unless they have bound themselves
beforehand by a Treaty. But once they have referred the matter to arbitration, they disregard to the award
means a breach of promise and the award is final, unless it is vitiated by fraud, collusion and the like, or the
arbitrator, as pointed out above, has exceeded his powers.
Examples:
The settlement of the dispute by arbitration in Alabama of Claims between the United States and
Great Britain went a long way in emphasizing the importance of arbitration as a means of settlement of the
dispute.

15. • (7) Machinery of the United Nations Organization -
According to Article 2 para, 3 of the United Nations General Assembly and the Security Council have been empowered to
discharge certain functions in this regard.
i) General Assembly: General assembly may make a recommendation after the discussion to the disputant parties under
Article 14 of The United Nations Charter. Thus the assembly has a general power for the peaceful settlement of the dispute. The
general assembly has been insisting from time to time, to the disputant parties to settle their disputes peacefully.
ii) Security Council: Under Article 24 para 1 of the United Nations Charter, maintenance of International Peace and Security
is the responsibility of Security Council. Charter provides various modes by which the council settles the dispute which is likely to
endanger international peace and security. Security Council can take the following Action to settle disputes.
(a) Investigation of the Disputes
(b) recommendation for appropriate procedure or methods of adjustment
(c) recommendation for the terms of the settlement

16. • ) Security Council: Under Article 24 para 1 of the United Nations Charter, maintenance of International Peace and Security is
the responsibility of Security Council. Charter provides various modes by which the council settles the dispute which is likely to
endanger international peace and security. Security Council can take the following Action to settle disputes.
(a) Investigation of the Disputes
(b) recommendation for appropriate procedure or methods of adjustment
(c) recommendation for the terms of the settlement