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.

1. PEACEFUL SETTLEMENT
OF DISPUTES

2. INTRODUCTION
o The main purpose and objective of UNO is to maintain
international peace and security and develop friendly
relation among nations based on the principle of equal
rights and self determination of people. It is the objective
of the UNO to settle the disputesof the nations using
peaceful methods.
o Conflicts arise among nations due to many reasons such
one nation attacking another.

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• Article2(3) of UN Charter: All the members of UN are obliged to
solve their disputes by using peaceful methods where international
peace, securityand justice will not be endangered.
• Article2(4) of UN Charter: the obligations of member states to
refrain from threat or use of force.
• Article 33 of UN Charter: the parties to any international
dispute shall seek a solution by way of negotiation, enquiry,
mediation, conciliation, arbitration, judicial decision, resort regional
agencies or arrangements or other peaceful means by their choice.

4. SOME REASONS FOR DISPUTE
• Territorial claim: One of the many reasons for a war
is territorial claim by one state on another state. Such as
territorial boundary claim, seas, river; channels are also a
source of war.
• Feeling of extreme nationalism: feeling of
nationalism may arise conflict between two nations.
• Arm race: Arms race between nations creates
suspension of other states and increses disputes between
nations threatning international peace and security.

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• Supremacy through economic control:
International trade is a source for national income.
Domination over the world made some countries rich and
the competition between the countries gave rise to world
wars.

6. Methods for Peaceful Settlement of Disputes
❑ Negotiation: It is the first and simplest method for
settlement of disputes . Usually the negotiations are carried out
either by head of the states or by the appointed authority . The
actual negotiations are preceded by an exchange of correspondence
to clear up the point of controversy.
Negotiation is a non-binding procedure in which discussions are
initiated by either of the parties without involving any third party.
In negotiation process parties should determine what they want, their
own interests as distinguished from their opponents.

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There are four characteristics of a well negotiated settlement:
(i) Fairness
(ii) Efficiency
(iii) Wisdom
(iv) Stability
While settling disputes the negotiating parties have to take in cognizance
(knowledge) the national interests and the public opinion while
negotiating. Negotiations develop cordial future relations and the friendly
relations among the states as the dispute is being solved by mutual
understanding. In negotiation though the dispute is not completely
resolved, it reduces the area of tension between the states.

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Negotiations took place between India and Pakistan when Indian Prime
Minister Mr. Atal Bihari Vajpayee and Pakistani Prime Minister
Parvez Musharraf met at Agar (India) to settle all disputes pending
between India and Pakistan including Kashmir.
❑ Mediation: The term mediation is sometimes used as synonym
for intervention but mediation differs from it in being a purely friendly
act. Mediation is a method under which the third party either at its
own initiative or at the request of disputant parties, assumes
responsibility for the settlement of the dispute. To mediate means to
interpose between the parties and help them in settling the disputes
peacefully.

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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 mutually satisfactory and agreed settlement of
dispute. The mediation process is informal and an assisted negotiation
of a dispute settlement.
The mediator actively participates in the process of mediation however
the suggestions by the mediator is not binding on the parties.
Example- The Tashkent agreement between India and Pakistan in
1965-66.
Russia took initiative steps to reduce the conflict between India and
Pakistan and created a propitious atmosphere for settlement.

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❑ International Arbitration: It has been in place from the last
several centuries. A dispute between 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”.
Arbitration is the judging of a dispute between the states by someone not
involved in the disputes and 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 the states by judges

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of their own choice and on the basis of a respect for law”.
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.
The League of Nations made arbitration compulsory in all the cases. It
permitted the permanent court of arbitration setup under The Hague
convention of 1899 to continue.

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The UNO charter has mentioned arbitration as a method of pacific
settlement of dispute. Under the UNO(United Nation Organisation)
charter the permanent court of arbitration was replaced by the
International Court Of Justice.
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 and Pakistan agreed to cease-fire and to refer
the matter to arbitration.
Advantages of Arbitration:
Arbitration can be conducted without publicity.
It is more appropriate to technical disputes.

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It is less expensive.
Its procedure is flexible. Enough to be combined with the fact finding
processes.
❑ Conciliation:
It is process of formal proposals of settlement after an investigation of
the facts and an effort to reconciliate 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.

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❑ Judicial Settlements: The International Court Of
Justice was established by the charter of U.N.O. . The states
may settle their disputes 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 the Hague; it is
a permanent body of U.N.O.

15. Gracias !!!