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.

1. LAWS OF WAR
International Law
Topic Cover
Settlement of International
Dispute.
1. Meaning of International
dispute.
2. Ways of solving
international dispute.
3. Pacific means of solving
the dispute.
4. Coercive means of solving
the dispute

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The main purpose and objective of UNO is to maintain international peace
and develop friendly relation among nations based on the principle of equal
right. It is object of UNO is to settle disputes of the State by peaceful method.
It is common that generally disputes are arises among the nations.

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PACIFIC MEANS OF SETTLE THE INTERNATIONLA DISPUTE
EXTRA- JUDICIAL METHOD
Negotiation- It is first and the simplest method of peace full settlement of
disputes among the nation. It is most common form of disputes resolution. When
disputes states settle their disputes themselves by discussions or by adjusting
their difference by the procedure is called negotiation. In the negotiation method
problem is solved by the mutual consent of the state. Generally negotiation is
conducted by the head of the state or by representative by the state.

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Example- Indian & Pakistan Settled their outstanding their problem by
the negotiation method in the Shimla Conference 1972.
India and Sri-Lanka settled their boundary dispute through Negotiation
1974.

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Mediation- Mediation is a methods under which the third party either at
its own initiative or at the request of disputant parties for the settlement of
the disputes. Mediation is a non-binding procedure in which an impartial and
neutral third party (mediator), assists the parties to a dispute in reaching
mutually satisfactory agreed settlement of the dispute.
Example- Tashkant agreement between Indian and Pakistan in 1965-66.

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Conciliation- The United Nation charter has mentioned conciliation as a
method of political settlement of disputes. It is process of formal proposals of
settlement after an investment of the facts. In the Conciliation parties are not
bound to accept conciliation.
Conciliation sometimes used interchangeably with mediation. Conciliation is
more structured than mediation.

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Good Office- When Parties refuse to negotiate or when they fail to
negotiation, they may take assistance of a third party. Third party may be
appointed by the parties themselves or by the security council. Third party may
be state or an individual. The term Good offices connotes the bringing about the
conflicting parties together and counselling of advice or suggesting of a
settlement without participating in the negotiation. Such suggestions or advices
may be disregarded by a party without any breach of law.
Example- The Prime Minister of UK, Mr. Wilosn provided his good office to reach
an agreement to refer Kutch issue to an Arbitral Tribulnal.

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PACIFIC MEANS OF SETTLEMENT OF THE INTERNATIONLA DISPUTE
Judicial Settlement
When a dispute is settled by the ‘international tribunal’ in
accordance with the rules of International law, the process is called
judicial settlement. The expression international tribunal is relevant.
A tribunal may acquire international character because of its
organization and jurisdiction. At present, the International Court of
Justice is the most important international tribunal.

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Arbitration- When dispute of two nations is referred to an arbitrated
whom they appoint with their mutual consent. Arbitration, a form of
alternative dispute resolution, is a way to resolve disputes outside the
courts. The dispute will be decided by one or more persons, which
renders the "arbitration award". An arbitration award is legally binding
on both sides and enforceable in the courts.

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International Court of Justice- The court differs from arbitration on many
grounds. Firstly, that it is a permanent court and is governed by a statute.
Secondly, the judges are not appointed by the parties, unlike arbitrators. Thirdly,
Court being a permanent court performs a number of functions which
arbitrations do not perform, like receiving documents for filing and recording.
Fourthly, the court performs all these functions. Fourthly, the court is open to all
states.

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COERCIVE MEANS OF SETTLE THE INTERNATIONAL DISPUTE
Compulsive or coercive means for the settlement for the settlement of
disputes are non-peaceful methods. Such measures involve a pressure or
force on a State to settle the dispute. However, the use of compulsive
measures does not mean the use of armed forces in all the cases. Normally,
they include the measures which are just predecessor to war, or short of war.
Retorsion
‘Retorsion’ is the technical term for retaliation. It is based, to some extent, on
the principle of tit for tat. When an act is done by a State similar to that done
earlier by another state, it is called Retorsion. The purpose of Retorsion is to
take retaliation. Retorsion are employed as a means to settle the disputes may
be numerous. For instance, if the citizens of a State are given unfair treatment
in another State through rigorous passport regulations, the former may also
make similar rigorous rules in respect of the citizens of the latter State.

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Embargo-The term ‘Embargo’ is of Spanish origin. Ordinarily, it means
detention, but in International Law, it has the technical meaning of detention of
ships in port. When a state confines the operation of the embargo to its own
vessels, it is known as a ‘civil’ or ‘pacific’ embargo. The purpose is to exert financial
or economic pressure on the other state. Embargo at present may be applied by a
State, individually, or collectively, under the Authority of the United Nations. If an
embargo is applied by a state, it should not endanger international peace and
security. If it does so, it would become illegal. The collective embargo may be
applied under the authority of the Security Council against a delinquent State.

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Blockade- When the coast of a state is blocked by another state for the
purpose of preventing ingress or egress of vessels of all nations by the use of
warships and other means in order to exercise economic and political
pressure on that State, the act is called blockade. When applied during
peacetime, it is known as ‘pacific blockade’.

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Intervention- It is another compulsive means of settling disputes between
states, short of war. According to Professor Oppenheim, it is the dictatorial
interference by a State in the affairs of another State for the purpose of maintaining
or altering the actual condition of things.