The document discusses various peaceful methods for settling international disputes, including negotiation, mediation, arbitration, conciliation, and judicial settlement. Negotiation involves direct discussions between the disputing parties without third party intervention, while mediation involves a neutral third party assisting the negotiations. Arbitration and judicial settlement involve referring the dispute to a third party for a binding decision. Conciliation is a more flexible process where a committee makes non-binding proposals to help resolve the dispute. Examples of each method being used throughout history are provided.
Source of International Law. Detail of the source of International law. It is very important for those students who are preparing for Law exams, or who studying the law. It is also very important for Semester exams.
What is international dispute? What are the various ways of settling the international dispute? Explain Pacific means of settling the dispute. Explain the coercive method of solving the dispute. In this ppt we deal with all these question that will be helpful for law exams.
Concept of state, recognition and jurisdictionShivani Sharma
The slides discuss in detail the concept of State, State Recognition and Jurisdiction under International Law. Useful for Law Students and professionals.
Source of International Law. Detail of the source of International law. It is very important for those students who are preparing for Law exams, or who studying the law. It is also very important for Semester exams.
What is international dispute? What are the various ways of settling the international dispute? Explain Pacific means of settling the dispute. Explain the coercive method of solving the dispute. In this ppt we deal with all these question that will be helpful for law exams.
Concept of state, recognition and jurisdictionShivani Sharma
The slides discuss in detail the concept of State, State Recognition and Jurisdiction under International Law. Useful for Law Students and professionals.
Settlement of international disputes (International Law) Amicable(Rajat Vaish...R V
Types of Settlement of dispute negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement
The methods of peaceful settlement of disputes fall into three categories:
1.) Diplomatic Method
2.) Adjudicative Method
3.) Instituional Method
Set of rules generally regarded and accepted as binding in relations between states and between nations. International Law serves as a framework for the practice of stable and organized international relations. International law differs from state-based legal systems. International law is primarily applicable to countries than to private citizens. International Law is consent-based governance - a state member of the international community is not obliged to abide by this type of international law, unless it has expressly consented to a particular course of conduct.
Sources of international law (by Advocate Raja Aleem)Raja Aleem
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
Sources of International Law:
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
3.General Principles of Law recognized by Civilized Nations
4.Decisions of Judicial and Arbitral Tribunals; and
5.Juristic Works or called “Writing of Eminent Jurists”
Its consists of the emergence of international law, Expalanation of international law, reason why it is a weak law, Father of International law, types of law, Formulation of treaties, Why international law is not a real law, Nature of international law, basis of international law , sources of international law, famous case of international law and current state of international law
International law -Relationship between International Law and Municipal LawBangladesh Law Digest ☑
International law -Relationship between International Law and Municipal Law/Domestic Law... Presentation on International Law, Lectures on international law.
Courtesy: Bangladesh Law Digest
Website: www.bdlawdigest.org
https://www.twitter.com/bdlawdigest
https://www.plus.google.com/+BdlawdigestOrg1
https://www.linkedin.com/in/bdlawdigest1
State is important topic in Private International Law. It is very important for all law students world widely. It covers all he content of State.This PPT gives a detail information of the state in present time.
Settlement of international disputes (International Law) Amicable(Rajat Vaish...R V
Types of Settlement of dispute negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement
The methods of peaceful settlement of disputes fall into three categories:
1.) Diplomatic Method
2.) Adjudicative Method
3.) Instituional Method
Set of rules generally regarded and accepted as binding in relations between states and between nations. International Law serves as a framework for the practice of stable and organized international relations. International law differs from state-based legal systems. International law is primarily applicable to countries than to private citizens. International Law is consent-based governance - a state member of the international community is not obliged to abide by this type of international law, unless it has expressly consented to a particular course of conduct.
Sources of international law (by Advocate Raja Aleem)Raja Aleem
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
Sources of International Law:
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
3.General Principles of Law recognized by Civilized Nations
4.Decisions of Judicial and Arbitral Tribunals; and
5.Juristic Works or called “Writing of Eminent Jurists”
Its consists of the emergence of international law, Expalanation of international law, reason why it is a weak law, Father of International law, types of law, Formulation of treaties, Why international law is not a real law, Nature of international law, basis of international law , sources of international law, famous case of international law and current state of international law
International law -Relationship between International Law and Municipal LawBangladesh Law Digest ☑
International law -Relationship between International Law and Municipal Law/Domestic Law... Presentation on International Law, Lectures on international law.
Courtesy: Bangladesh Law Digest
Website: www.bdlawdigest.org
https://www.twitter.com/bdlawdigest
https://www.plus.google.com/+BdlawdigestOrg1
https://www.linkedin.com/in/bdlawdigest1
State is important topic in Private International Law. It is very important for all law students world widely. It covers all he content of State.This PPT gives a detail information of the state in present time.
1
Alternative Dispute Resolution (ADR)
Viviana Vanrel
Amanda Rice
Cely
Rosalyn Johnson
Tyler Wescott
ETH/321
April 27, 2015
Angela Beetem
Introduction
Alternative Dispute Resolution also known as Appropriate Dispute Resolution is a term used to
describe a way in which disputes are settled without the help/support from courts. This
technique will resolve disputes in a non-confrontational way whereby parties involved will
engage in a negotiation state and come up with a mutually agreed solution to solve their
disputes.
Disputes/ conflicts have existed in all cultures, religions, and societies since time immemorial, as
long as humans have walked the earth. In fact, they also exist in the animal kingdom.
Philosophies and procedures for dealing with conflicts have been part of the human heritage,
differing between cultures and societies. Nations, groups, and individuals have tried throughout
history to manage conflicts in order to minimize the negative and undesirable effects that they
may pose. Conflicts can develop in any situation where people interact, in every situation where
two or more persons, or groups of people, perceive that their interests are opposing, and that
these interests cannot be met to the satisfaction of all the parties involved. Since conflicts a
have become a part of human interaction, one must learn to handle them in a way that will
prevent further disagreement and learn how to come up with best solution, innovative and
creative ideas to resolve them. The ADR “movement” started in the United States in the 1970s
in response to the need to find more efficient and effective alternatives to litigation. Today, ADR
is flourishing throughout the world because it has proven itself, in multiple ways, to be a better
way to resolve disputes.
The various forms of an alternative dispute resolution (ADR)
Alternative dispute resolution has various form which include
Negotiation
Negotiation is a process in which parties to a dispute discuss possible outcomes
directly with each other. Parties exchange proposals and demands, make arguments,
and continue the discussion until a solution is reached, or an impasse declared. In
negotiations there are three approaches to resolving the dispute, each with a
different orientation and focus, interest based, rights based, and power based and
they can result in different outcomes.
Interest Based Negotiation
This approach shifts the focus of the discussion from positions to interests. Because
there are many interests underlying any position, a discussion based on interests
opens up a range of possibilities and creative options, whereas positions very often
cannot be reconciled and may therefore lead to a dead end. The dialogue on interest
should be transparent, in order for the parties to arrive at an agreement that will
satisfy the needs and interests of the parties.
Rights Based Negotiation
When negotiati.
Alternative dispute resolution and civil litigation barriers to access to jus...QUESTJOURNAL
ABSTRACT: Civil law is the predominate system of law in the world. Civil law as a legal system is often compared with common law. The main difference that is usually drawn between the two system is that common law drawn abstract rules from specific cases, whereas civil law with abstract rules which judges must then apply to the various cases before them. Civil law has its roots in Roman law, Common law and the Enlightenment, alongside influence from other religious laws such as Islamic Law. The legal system in many civil law countries are based around one or several codes of law which set out the main principles that guide the law. On the other hand, Criminal Law as offences and prescribes punishment for them. It not only precludes or prevents crimes but also punish the offender. It is necessary for the maintenance of law, order and peace within state. In criminal cases, it is the state which initiates proceeding against the offender. Laws relating to the Civil Proceeding as the Code of Civil Procedure 1908; the Civil Courts Act 1887; the Suit Valuation Act 1887; the Limitation Act 1908; the Registration Act 1908; & the Specific Relief Act 1877.
This slide is special for master students (MIBS & MIFB) in UUM. Also useful for readers who are interested in the topic of contemporary Islamic banking.
it describes the bony anatomy including the femoral head , acetabulum, labrum . also discusses the capsule , ligaments . muscle that act on the hip joint and the range of motion are outlined. factors affecting hip joint stability and weight transmission through the joint are summarized.
How to Add Chatter in the odoo 17 ERP ModuleCeline George
In Odoo, the chatter is like a chat tool that helps you work together on records. You can leave notes and track things, making it easier to talk with your team and partners. Inside chatter, all communication history, activity, and changes will be displayed.
A review of the growth of the Israel Genealogy Research Association Database Collection for the last 12 months. Our collection is now passed the 3 million mark and still growing. See which archives have contributed the most. See the different types of records we have, and which years have had records added. You can also see what we have for the future.
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Natural Products, In vitro evaluation techniques for Antioxidants, Antimicrobial and Anticancer drugs. In vivo evaluation techniques
for Anti-inflammatory, Antiulcer, Anticancer, Wound healing, Antidiabetic, Hepatoprotective, Cardio protective, Diuretics and
Antifertility, Toxicity studies as per OECD guidelines
A workshop hosted by the South African Journal of Science aimed at postgraduate students and early career researchers with little or no experience in writing and publishing journal articles.
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Dive into the world of AI! Experts Jon Hill and Tareq Monaur will guide you through AI's role in enhancing nonprofit websites and basic marketing strategies, making it easy to understand and apply.
Unit 8 - Information and Communication Technology (Paper I).pdfThiyagu K
This slides describes the basic concepts of ICT, basics of Email, Emerging Technology and Digital Initiatives in Education. This presentations aligns with the UGC Paper I syllabus.
This presentation includes basic of PCOS their pathology and treatment and also Ayurveda correlation of PCOS and Ayurvedic line of treatment mentioned in classics.
June 3, 2024 Anti-Semitism Letter Sent to MIT President Kornbluth and MIT Cor...Levi Shapiro
Letter from the Congress of the United States regarding Anti-Semitism sent June 3rd to MIT President Sally Kornbluth, MIT Corp Chair, Mark Gorenberg
Dear Dr. Kornbluth and Mr. Gorenberg,
The US House of Representatives is deeply concerned by ongoing and pervasive acts of antisemitic
harassment and intimidation at the Massachusetts Institute of Technology (MIT). Failing to act decisively to ensure a safe learning environment for all students would be a grave dereliction of your responsibilities as President of MIT and Chair of the MIT Corporation.
This Congress will not stand idly by and allow an environment hostile to Jewish students to persist. The House believes that your institution is in violation of Title VI of the Civil Rights Act, and the inability or
unwillingness to rectify this violation through action requires accountability.
Postsecondary education is a unique opportunity for students to learn and have their ideas and beliefs challenged. However, universities receiving hundreds of millions of federal funds annually have denied
students that opportunity and have been hijacked to become venues for the promotion of terrorism, antisemitic harassment and intimidation, unlawful encampments, and in some cases, assaults and riots.
The House of Representatives will not countenance the use of federal funds to indoctrinate students into hateful, antisemitic, anti-American supporters of terrorism. Investigations into campus antisemitism by the Committee on Education and the Workforce and the Committee on Ways and Means have been expanded into a Congress-wide probe across all relevant jurisdictions to address this national crisis. The undersigned Committees will conduct oversight into the use of federal funds at MIT and its learning environment under authorities granted to each Committee.
• The Committee on Education and the Workforce has been investigating your institution since December 7, 2023. The Committee has broad jurisdiction over postsecondary education, including its compliance with Title VI of the Civil Rights Act, campus safety concerns over disruptions to the learning environment, and the awarding of federal student aid under the Higher Education Act.
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Peaceful settlement of international dispute
1. Method / Techniques/
Instruments of peaceful
Settlement of International
disputes
By
Mahesh Jaiwantrao Patil
M.A. (Political Science), M.Phil, NET, SET, & Ph.D (Pursuing)
Assistant Professor,
Narayanrao Chavan Law College, Nanded, Maharashtra, India
2. The main purpose and objective of the UNO
is to maintain international peace and
security & develop friendly relation among
nations based on the principle of equal
right and self determination of people. It is a
objective of the UNO is to settle the disputes
of the nations with peace full methods.
Disputes may arise among nations. When
one nation attacks on another nation.
The conflict arises among nations due to the
many reasons.
3. Territorial claim : The War Between many
States may be started from territorial claim
such as territorial boundary claim, seas,
rivers; channels are also the sources of war.
Feeling of extreme nationalism: Felling of
nationalism may arise conflict between
states. Strong nation wants to attack against
weaker nation.
Misunderstanding due to arm race: Arms
race between the neighboring states
creates suspension of other state and
increases the disputes between the
neighboring states.
4. Supremacy through economic control:
International trade is the source of the
richness of a nation. Domination over the
world made some countries rich and the
competition between these nations
created world wars
5. Negotiation: It is the first and the simplest
method of peace full settlement of disputes. It
is most common form of disputes resolution.
Usually the negotiations are carried on either
by the head of the states or their appointed
authority. The actual negotiations are
preceded by an exchange of correspondence
to clear up the point of controversy.
6. Negotiation is a non-binding procedure in
which discussion between the parties are
initiated without the intervention of any third
party.
In negotiation process parties should determine
what they want, their own interests as
distinguished from their opponents. Each party
should identity all their interest, motivation and
perceptions.
7. There are four characteristics of a good
negotiated settlement 1.Fairness
2.Efficency 3.Wisdom 4.Stability.
Each party needs to explain its own
interests and listen carefully opposition
wish and understand his sympathy.
The negotiation should take place
without the intervention of third party.
8. In international disputes the negotiating
parties have to take in the cognizance
(knowledge) the national interests and the
public opinion while negotiating.
Negotiation developed cordial future
relations and keep the friendly relations
among the states as the issue of dispute
settled with mutual understanding. In
negotiation though the disputes is
completely solved, it reduces the area of
tensions between two states.
9. Negotiations took place between India
and Pakistan when the Indian prime
minister Mr. Vajpayee and Pakistan
President Mr. Peruez Musharraf met at
Agar (India) to settle all the disputes
pending between India and Pakistan
including Kashmir.
10. Mediation: The term mediation is
sometimes used as a synonym for
intervention but mediation differs from it in
being purely a friendly act.
Mediation is a methods under which the
third party either at its own initiative or at
the request of the disputant parties, assumes
responsibility for the settlement of the
dispute. To mediates means to interpose
between parties to interest them to each
other.
11. Mediation is a non-binding procedure in
which an impartial and neutral third party,
(the mediator)assists (to help) the parties to
a dispute in reaching a mutually satisfactory
and agreed settlement of the dispute.
The mediation process is informal and an
assisted negotiation of a dispute settlement.
The mediator actively participates in the
dispute. However, the suggestions made by
the mediator are not binding on the parties.
12. Example: Tashkant agreement between
India and Pakistan in 1965-66.
The soviet Russia took initiative steps to
reduce the conflicts between India and
Pakistan and created a propitious
atmosphere for settlement.
13. International Arbitration: It has been in
place from the last several centuries. A
dispute of two nations is referred to an
arbitrated to whom they appoint with
their mutual consent. The arbitrator hears
both sides and gives his decisions, which
is called AWARD.
According to John Parris, arbitration is “A
settlement of a dispute by an arbitrator
who has absolute control and who is
chosen by the parties to decide a
disputes”.
14. Arbitration is the judging of a dispute
between states by someone not involved
in the disputes whose decision both
parties agree to accept.
Art.15 of The Hague convention of 1899
lays, “International arbitration has for its
object the settlement of differences
between states by judges of their own
choice and on the basis of a respect for
law”.
15. The permanent court of arbitration was
established at The Hague as per the first
Hague conference of 1899. It functions as
an arbitrator for the willing states. It had
given its decision in most of the cases
and solved the problems amicably.
Examples are north Atlantic fisheries
case 1910, Muscat Dhows case 1905.
Savarkar case 1911. The AWARD given by
this court is according to the principles of
the international Law & is binding on the
parties.
16. The League of Nations made arbitration
compulsory in all cases. It permitted the
permanent court of arbitration setup
under The Hague convention of 1899 to
continue.
The UNO charter has mentioned
arbitration as a method of Pacific
settlement of dispute. Under the UNO
(United Nation Organization) charter the
permanent court of arbitration was
replaced by the court of international
justice.
17. However, arbitration as a method of
pacific settlement of disputes has not
proved very effective. Arbitrator can
succeed only when both the parties have
been able to find a yardstick acceptable
to both as a valid basis for settlement.
The Kutch arbitration award 1968 there
was an armed conflict between India and
Pakistan. Pakistan claimed 3500 sq. miles
of land situated at the Rann of Kutch.
India &Pakistan agreed to cease-fire, & to
refer the matter to arbitration.
18. Three arbitrators were appointed with
mutual consent. The arbitral court gave its
award in1968 allotting 320 sq. miles to
Pakistan and the rest to India. Both the
countries criticized the award,, but were
obliged to implement it.
Advantages of Arbitration: -
Arbitration can be conducted without
publicity.
It is more appropriate to technical disputes.
It is less expensive.
Its procedure is flexible. Enough to be
combined with the fact finding processes.
19. Conciliation: The united nation (U.N.)
charter has mentioned conciliation as a
method of politic settlement of disputes. The
term conciliation has been used in broad as
well as narrow terms.
Broad sense: - It covers the great variety of
methods where by a dispute is amicably
settled with the help of other states or of
impartial bodies of inquiry or advisory
committee.
Narrow sense: It implies reference of a
dispute to a commission or committee to
make a report with proposal to the parties
for settlement.
20. It is process of formal proposals of
settlement after an investigation of the
facts and an effort to recon ciliate to
accept or reject proposals formulated.
The parties are not bound to accept
conciliation.
Conciliation, sometimes used
interchangeably with mediation.
Frequently, conciliation Is more
structured than mediation. Conciliation is
sometimes right based then interest
based.
21. It offers a more flexible alternative, for aWide
variety of disputes, small as well as large.
It obviates or opposes the parties from seeking
resource to force.
There is complete secrecy. It is committed to
maintenance of confidentially throughout the
proceedings.
Non obligation to accept of the commission’s
proposals no loss of rights or abandonment of
position.
22. It takes full account of the sensitivity,
susceptibility and prestige of governments in
that it is easier to accept a third party’s solution
than that offered by the opponent.
It produces quicker resolution of dispute.
It reserves the freedom of the parties to
withdraw from conciliation.
23. Judicial settlements:- the international
court of Justice was established by the
charter of U.N.O. . The states may settle
their dispute through the international
court of justice. Article 92 to 96 of the
charter of U.N.O. explains about the
international court of justice. Each
member of the U.N.O. is obliged to
comply with the decision of the court in
any case to which it is a party. It is
situated in Hague; it has permanent body
of U.N.O.