Llb ii pil u 2.2 international disputes -settlement
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This document summarizes various peaceful and non-peaceful means of settling disputes between states under public international law. Peaceful methods include negotiation, good offices, mediation, conciliation, enquiry, arbitration, and judicial settlement through bodies like the International Court of Justice. Non-peaceful methods include restorsion, reprisals, intervention, and war. It also discusses arbitration, litigation, and alternative dispute resolution mechanisms like negotiation, inquiry, mediation, conciliation, and minitrials. Permanent arbitral entities that help resolve international disputes include the Permanent Court of Arbitration and international courts.
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The document discusses the principle of peaceful settlement of disputes under international law. It outlines several key points:
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International Law is a rule that has been accepted as such by the "International Community".
The legal process that concerns relations among nations is called international law.
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(There are three International Relationships are governed by “International Law”.)
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International Law is a rule that has been accepted as such by the "International Community".
The legal process that concerns relations among nations is called international law.
International law is a body of rules that govern relations between states, functioning of international institutions/organizations and rights and duties of individuals.
(There are three International Relationships are governed by “International Law”.)
1)Those between Nations and Nations
2)Those between Nations and persons; and
3)Those between Persons and Persons
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The term ‘source’ refers to methods or procedure by which International Law is created.
There are five sources of International law, According to section: 38(1) of the statute of the “International Court of Justice”. These are:
1.International Conventions or called “Treaties”
2.International Customs
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This document discusses various methods for the peaceful settlement of international disputes, including arbitration, judicial settlement, negotiation, good offices, mediation, and conciliation. It provides details on each method:
Arbitration involves a tribunal set up by disputing parties to settle the dispute, with arbitral awards being binding. Judicial settlement refers to international tribunals like the ICJ settling disputes according to international law. Negotiation is the most common method and involves direct bilateral discussions. Good offices, mediation, and conciliation involve assistance from a third party to help disputing parties reach an agreement.
Arbitration as a method of resolving disputes
1) Arbitration is a formal process where a private third party arbitrator makes a binding decision to resolve disputes instead of going through litigation.
2) It has been used internationally since the late 19th century to resolve conflicts between countries in a private manner.
3) Arbitration results in a final ruling, unlike mediation which facilitates negotiations, and the rulings can be enforced globally through treaties like the 1958 New York Convention.
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The document discusses various peaceful methods for settling disputes between nations outlined in the UN Charter, including negotiation, mediation, arbitration, conciliation, and judicial settlement. It provides examples of each method being used to resolve conflicts over territorial claims and economic competition. Negotiation is described as the simplest method, in which parties discuss issues directly, while mediation involves a neutral third party assisting negotiations. Arbitration and judicial settlement involve referring the dispute to a third party for a binding decision based on international law.
United nations diplomacy & dispute settlement.
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Arbitration
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A. Settlement of Disputes through Diplomacy
Diplomacy is the process of getting parties to a disagreement to an understanding through negotiation, mediation, or inquiry. The word “diplomacy” is formally applied only to disputes between states, but the same processes can be applied to disputes involving institutions and individuals as well, where it is often referred to as alternative dispute resolution.
Diplomacy
A form of international dispute settlement that attempts to reconcile parties to a disagreement by use of negotiation, mediation, or inquiry.
Negotiation
Negotiation is the process of reaching an agreement through discussion between two parties to a dispute. Negotiation is the most important tool in the process of dispute settlement. It is used not merely to resolve disputes but also to prevent them from arising in the first place. Negotiation can also lay the groundwork for other forms of dispute settlement.
Negotiation
(From Latin negotiari: “to carry on business.”) The process of reaching an agreement by conferring or discussing.
Negotiations between states are most commonly conducted on an ad hoc1 basis, but sometimes the procedure is more formal. In such cases, states negotiate through normal diplomatic channels, through the use of competent authorities, through the establishment of mixed or joint commissions, or even through summit meetings. Summit meetings have been popular in recent years because they can be an effective way to bypass the official bureaucracy of the participating states. At other times, summits are staged to gain political capital out of an agreement already finalized through negotiations between the states’ bureaucracies.
Mediation
Mediation involves the use of a third party who transmits and interprets the proposals of the principal parties and sometimes advances independent proposals. When mediators provide a channel of communications only, it is said that they are offering their good offices. When they make a formal investigation and present a formal proposal, they are involved in a conciliation.2
Mediation
(From Latin mediates: “to be in the middle.”) Bringing about a peaceful settlement or compromise between parties to a dispute through the benevolent intervention of an impartial third party.
Good offices
A third party who provides the means by which two disputing parties may communicate with each other.
Conciliation
(From Latin conciliare: “to call or bring together.”) The process by which an impartial third party makes an independent investigation and suggests a solution to a dispute.
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The document discusses three international courts:
1. The International Court of Justice settles disputes between states and gives advisory opinions. It is the primary judicial organ of the UN.
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3. The European Court of Justice ensures the uniform application and interpretation of EU law across the European Union.
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The International Criminal Court (ICC) investigates and, where warranted, tries individuals charged with the gravest crimes of concern to the international community: genocide, war crimes, crimes against humanity and the crime of aggression.
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- 1. Peaceful Settlement of Disputes between states Course: LLB II Subject : Public International Law Unit: 2
- 2. Settlement of Disputes between states • A. Peaceful means of Settlement or Amicable settlement 1) Negotiation 2) Good Offices 3) Mediation 4) Conciliation 5) Enquiry 6) Arbitration 7) Judicial Settlement 8) Settlement under UNO
- 3. Arbitration (Non Litigation Dispute Resolution) • Parties often determine who will decide what after the dispute arises.
- 4. DIPLOMACY • The national participants do not submit their disputes for resolution by an “outside” third-party entity.
- 5. Litigation • The court composition and power to act are established before the dispute arises. 1
- 6. Alternative Dispute Resolution (ADR) • Negotiation: is completely controlled by the immediate parties to the dispute. Negotiations between states are normally conducted through diplomatic channel. • Inquiry: is conducted by someone who is not a party to the dispute and who attempts to provide an objective assessment of the respective positions. • Mediation: involves the assistance of an outsider who is not a party to the dispute. • Conciliation: ia third-party dispute resolution in a more formalized setting than negotiation or mediation. • Minitrial: the parties confront one another in a similar context, however, and must verify their positions before a neutral third party.
- 7. Arbitration • Ad hoc Arbitration: there are no pre-established rules and procedures predating the agreement to arbitrate. • Parties often determine who will decide what after the dispute arises is Arbitration. • Permanent Arbitral Entity, such as the Permanent Court of Arbitration: are immediately available with objective rules and procedures for resolving international disputes.
- 8. The Permanent Arbitral Entities • The Permanent Court of Arbitration: is not a court. Its judges serve on small arbitration panels available for the arbitration of inter-State dispute. • The International Chamber of Commerce Court of Arbitration: facilitates the arbitration of private business disputes. • The International Centre for Settlement of Investment Dispute: refers mixed arbitration disputes (between a State and a private individual or corporation) to panels of legal and business experts who arbitrate claims submitted to it.
- 9. Courts 1. The Permanent Court of International Justice (the first World Court): resolves disputes between states materialized after World War I. 2. In 1945, the United Nations created a new world Court and the companion Statute of the International Court of Justice
- 10. The International Court of Justice (ICJ) • The ICJ hears cases referred to it as follows: 1. As specifically provided in the UN Charter 2. As provided in the ICJ Statute 3. Under special international agreements between nations
- 11. International Criminal Court (ICC) • The ICC try individuals accused of the following: 1. Genocide, as defined in the 1949 Genocide Convention 2. International and internal war crimes, “committed as part of a plan or policy or as part of a large-scale commission of such crimes” 3. Crimes against humanity, which are “widespread or systematic” part of a plan or policy directed against civilians. (2)
- 12. Settlement of Disputes between states • B). Forcible or Coercive Settlement • 1). Restorsion • 2) Reprisals • 3) Intervention • 4) War
- 13. References: • 1. . www.focolare.org • 2. PART 2. JURISDICTION, ADMISSIBILITY AND APPLICABLE LAW Article 5 Crimes within the jurisdiction of the Court
- 14. Thank You