Peaceful_settlement_of_Disputes_in_International_Relations_Pol_I.pptx

1. Peaceful settlement of Disputes
in International Relations
By- Dr. Garima Singh
Unit -3
Political Science
Ba.llb, Semester-III
Subject Code – 209
VSLLS, VIPS

2. Arbitration
• Long used by the states as method of peaceful
settlement of disputes.
• Carried out by the arbitration tribunal set up
to solve the dispute.
• The disputing parties choose the 3rd party as
the arbitrator.
• Arbitral awards are binding on the disputing
parties.

3. Conti..
• Permanent court of Arbitration set up by the
1899 Hague Convention.
• Arbitration was defined in the 1899 Hague
Convention for the Pacific Settlement of
Disputes as the settlement of differences
between states by judges of their choice and
on the basis of respect for law; this same
definition was repeated in the 1907 Hague
Convention.

4. • Arbitration is considered the most effective and
equitable means of dispute settlement. It
combines elements of both diplomatic and
judicial procedures.
• it is much more flexible than judicial settlement.
It gives the parties to a dispute the choices to
appoint the arbitrators, to designate the seat of
the tribunal, and to specify the procedures to be
followed and the law to be applied by the
tribunal.

5. Conti...
• Arbitration cannot be initiated without the
agreement of the parties to a dispute.
• Usually, the arbitral tribunal consists of three
arbitrators, who can decide by majority vote.
The parties may agree to refer their dispute to
a single arbitrator.
• Kutch Arbitration award India and Pakistan
1968– example

6. Judicial Settlement
• Judicial settlement is a settlement of dispute
between States by an international tribunal in
accordance with the rules of International Law.
• International tribunals include permanent
tribunals, such as the International Court of
Justice (ICJ), the International Tribunal for the law
of the Sea (ITLOS), the European Court of Justice,
the European Court of Human Rights and the
Inter-American Court of Human rights

7. Conti
• The ICJ is the most important international
tribunal, because of its both prestige and
jurisdiction. It is the principal judicial organ of the
United Nations.
• The judges of the ICJ are appointed by the United
Nations, not by the parties to a dispute. The ICJ
has to apply the rules and principles of
International Law, which are enumerated in
Article 38 of the Statute of the Court; the parties
have no choice in specifying the rules to be
applied by the Court.

8. Conti..
• The Charter of the United Nations refers to
arbitration and judicial settlement in Article
33(1) as methods among other methods of
pacific settlement that States.
• Despite this provision, the Charter does not
impose on members of the United Nations the
obligation to submit any dispute, even legal
one, to the Court.

9. NEGOTIATION
• Classical Method
• Bilateral process
• Negotiation can produce settlement with different
criteria.
• Most common method.
• Most of the treaties make a failure to settle a dispute
by negotiation a condition precedent to compulsory
arbitration or judicial settlement. It is, therefore, not
surprising that negotiation comes first in the list of
means of pacific settlement of disputes stipulated in
Article 33(1) of the Charter of the United Nations.

10. Good Office
• good offices are three methods of peaceful
settlement of disputes by which third parties seek
to assist the parties to a dispute in reaching a
settlement.
• All involve the intervention of a supposedly
disinterested individual, State, commission, or
organization to help the parties.
• this assistance may be requested by one or both
of the parties, or it may be voluntarily offered by
a third party.

11. Conti...
• Negotiation consists of discussions between
the concerned parties with a view to
understand the opposing positions and
opinions and reconcile the differences.
• Can take shape of bilateral agreement and
treaties.

12. Mediation
• Mediation is a process through which an outside
party (third party) endeavours to bring the
disputants together and assists them in reaching
a settlement.
• The third party offers his assistance to the parties
to a dispute.
• The consent of the disputants is not necessarily
required initially, but no mediation proceedings
can be commenced without their consent.

13. Conti..
• The mediator actively and directly participates
in the settlement itself.
• it is expected to offer concrete proposals for a
solution and a settlement of substantive
issues related to a dispute. However, the
proposals represent nothing more than
recommendations. They have no binding force
on either disputant. The parties to a dispute
are free to accept or reject his proposals.

14. Conciliation