By Dr.Zeyad Jaffal, Associate Professor of Public International law, Al Ain University, UAE

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Peaceful settlement of International Disputes
Prepared by Dr. Zeyad Jaffal
Associate professor of Public international law
Al Ain University, UAE
Nov.2019
The Method Definition Characteristics & Advantages Application &Differences
Negotiations 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.
Negotiation is a non-binding procedure in which
discussion between the parties are initiated
without the intervention of any third party.
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
are completely solved, it reduces the area of
tensions between two states.
There are five characteristics of a good
negotiated settlement 1.Fairness
2.Efficency 3.Wisdom 4.Stability and 5.
Good faith.
Example; On 2001 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.
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 method 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.
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
Difference between Mediation and
Good offices
As compared with offering good offices, a
mediator, on the other hand, is more active
and actually takes part in the negotiations
and may even suggest terms of settlement
to the disputing states.
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.

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participates in the dispute. However, the
suggestions made by the mediator are not binding
on the parties.
Inquiry The Inquiry main purpose of inquiry is ‘fact
finding’ mechanism. After some negotiations,
disputing states may sometimes agree to appoint
an impartial body to carry out an inquiry; the
object of the inquiry is to produce an impartial
finding of disputed facts and thus to prepare the
way for a negotiated settlement.
Conciliation 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 is referring the dispute to a
commission of persons whose task it is to
elucidate the facts and to make a report
containing proposals for a settlement Report of
the commission does not have the binding
character of an award or a judgment. It differs
from ‘ in that the main object of inquiry is the
elucidation of the facts in the hope that the parties
will of their own accord be able to settle the
dispute.
The advantages of conciliation are;
1. It offers a more flexible alternative, for
Wide variety of disputes, small as well as
large.
2. It obviates or opposes the parties from
seeking resource to force.
3.There is complete secrecy. It is
committed to the maintenance of
confidentially throughout the proceedings.
4.Non obligation to accept of the
commission’s proposals.
5.It produces quicker resolution of dispute.
6.It reserves the freedom of the parties to
withdraw from conciliation.
Difference between Conciliation and
Inquiry;
Conciliation differs from ‘inquiry’ in that
the main object of inquiry is the
elucidation of the facts in the hope that the
parties will of their own accord be able to
settle the dispute;
Difference between Conciliation and
Arbitration and Judicial settlement;
Conciliation differs from Arbitration and
judicial settlement in that under
conciliation the parties are under no
obligation to adopt the proposed
settlement whereas a legal obligation
exists to comply with The award or
judgment of a duly constituted tribunal.
Arbitration
Arbitration can be defined as “a procedure for the
settlement of disputes between states by a binding
award on the basis of law and as a result of an
undertaking voluntarily accepted”.
Arbitration is the judging of a dispute between states
by someone not involved in the disputes whose
decision both parties agree to accept.
The arbitrator hears both sides and gives his
decisions, which is called AWARD.
The most important advantages of
Arbitration are;
1. Arbitration can be conducted without
publicity.
2.It is more appropriate to technical
disputes.
3.Its procedure is flexible. Enough to be
combined with the fact finding processes.
Example: 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.
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.

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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 object of International arbitration is to settle of
differences between states by judges of their own
choice and on the basis of a respect for law.
Arbitration depends upon the willingness of the
states involved to submit to adjudication. Consent
can be on an ad hoc basis or based on a treaty. The
identity of the arbitrators, the formulation of the
question to be submitted to the tribunal, the rules of
law to be applied and the time limit within which an
award must be made must also be mutually agreed
upon by the states concerned. Such issues are spelt
out in a special agreement between the parties
known as the Compromise.
Parties are free in deciding the law to be applied, and
also the method of settlement including the place
where the dispute is to be settled, by whom and in
accordance with what procedures.
Differences between Arbitration and
court settlement;
1. Judges of their own choice; sole
arbitrator, arbitral tribunal,
mixed arbitral commission.
2. Specialty: arbitrators can be
experts in a particular field of
law.
3. Confidentiality: Arbitration sits
in private.
4. No appeal: The award is final and
without appeal.
5. Effective enforcement 1958 New
York Convention on the
Recognition and Enforcement of
Foreign Arbitral Awards.
International court of Justice The International Court of Justice shall be the
principal judicial organ of the United Nations. It
shall function in accordance with the annexed
Statute, which forms an integral part of the
present Charter.
The Court consists of fifteen judges of high moral
character. The judges must possess the
qualifications required in their countries for
appointment to the highest judicial office or must
be jurists of recognized competence in
international law The Court may not include
more than one judge of any nationality. The five
permanent members of the Security Council are
always represented by a judge in the Court.
The ICJ has two main categories of jurisdiction,
namely:
(1) Jurisdiction in contentious cases
(2) Advisory jurisdiction.
1- Characteristics; (contentious
cases Jurisdiction)
1. The Court’s jurisdiction is not
compulsory;
2. The Court can exercise
jurisdiction only when the parties
refer the case to it.
3. Only States may be parties in
cases before the Court.
4. The Court is not open to private
individuals or corporations.
5. International organizations also
have no right to be a party in a
contentious proceeding. They
have only the right to request
advisory opinions.

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(1) Jurisdiction in contentious cases
The jurisdiction of the Court comprises all cases
which the parties refer to it and all matters
specially provided for in the Charter of the United
Nations or in treaties and conventions in force.
The Court on a number of occasions declared that
its jurisdiction in contentious cases is dependent
on the consent of the parties.
Consent of a state to appear before the Court may
take several forms. However, the classic method
by which the parties refer a case to the Court is
by a special agreement (compromise). This is an
agreement whereby two or more states agree to
refer a particular and defined matter to the Court
for a decision.
(2) Advisory jurisdiction.
An advisory opinion is legal advice provided to
the United Nations or a specialized agency by the
International Court of Justice.
The court gives advisory opinions on legal
questions at the request of the organs of the
United Nations, specialized agencies or one
related organization authorized to make such a
request.
The General Assembly and the Security Council
may request advisory opinions on "any legal
matter"
Other organs and the specialized agencies may
request advisory opinions on "legal questions
arising within the scope of their activities"
In general, advisory opinions are not binding, but
may inform the development of international law.
According to the ICJ website, advisory opinions:
"carry great legal weight and moral authority.
Advisory opinions also, in their way, contribute
to the elucidation and development of
international law and thereby to the strengthening
of peaceful relations between States."