1.

1 Diplomatic Methods of Dispute Settlement ( Negotiation , Good

Office, Conciliation ,Arbitration and Mediation)

In International law arena dispute settlement encompasses the mechanisms and

processes through which states and other international actors resolve conflicts by
avoiding force. There nature has a non-coercive, peaceful approaches that rely on
dialogue and negotiation to overcome disputes . The very aim of this method is to
maintain international peace , welfare and security by providing structured avenues
for addressing conflict between international actors.
The United Nation Charter underscores the significance of peaceful dispute resolution
by stating that under article 2(3) depict that all members settle their international
disputes by peaceful means in such a manner that international peace, security , and
justice are not endangered1 .
Those dispute resolution methods are broadly catagorized into diplomatic and legal
mwchanisms . Among the diplomatic methods negotiation ,mediation and
conciliation are not binding and rely on the free will or the willingness of the parties
to reach on mutual agreement . On other hand, Legal methods consists of arbitration
and adjudication by international courts and these are included under binding
decisions based on international law.
Even though, there are a lot of disputes in the international arena there is an
institutions to facilitate disputes and resolves it . The International Court of Justice
(ICJ) serves as the principal Judicial organ of the UN, adjudicating disputes between
states. Besides, The Permanent Court of Arbitration (PCA) provides a forum for
arbitration and other forms of Dispute Resolution involving various states, state
entities , intergovernmental Organizations and private parties.
Furthermore, The International Centre for Settlement of Investment Disputes (ICSID)
focuses on investor-state disputes, particularly in the context of international
investments.
Despite of those effective mechanisms that are challenges to enforce those
mechanisms. Also to persist Those hurdles there is lack of centralized authority. The
resolution most of the time depend on good will of states which may be faced political

1
U.N.Charter art. 2(3).
influence. Developing countries faced more disparities in resource and legal expertise
can dis advantage developing countries in complex legal matters.
A. Negotiation
It is one type of the mechanism to resolve dispute and it is a traditional method when
disputing state or international actors engage in direct discussion or peaceful dialogue
to settle their conflict without the intervention of the third party2. it has a core
principle those are state sovereignty and mutual consent , it find a path to the disputed
party to reach common grounds through dialogue. As enshrined under Article 33(1) of
the UN charter it indicate negotiation at first to resolve disputes among other
mechanisms3,
Moreover, it hats own unique features that differtiate it from other mechanisms.
Unlike, others it is strictly bilateral or multilateral but ojnly involving the disputed
party. Also it is less structured and don’t follow the strict rules or institutions and
parties has ful control over all type of the content so that it has unlimited flexibility.
Additionally, it can be continuous or open ended it is not formal one-time process like
adjudication.
Principles of Negotiation
1. Good Faith: States must negotiate honestly and sincerely to reach a resolution mot
only for formality with the intention that to use for political purpose. In the case of
ICJ in North Sea Continental shelf (1969) The parties are under an obligation to enter
in to negotiation with the intention that to arriving at an agreement and to do so in
good faith and it is part of customary international law4.
2. Equality of the parties: All states are legally an equal status in negotiation witout
considering other factors. Dispute settlemenyt must be based on the sovereign
equality of the states as stated under the Declaration on Friendly relations5.
3. Freedom of Consent:this is the pillar of legal agreements and negotiations ,
therefore state obligation based on their consent this supported by the case ICJ in
military and parliamentary activities against nicaragua (1986).

2
Malcolm N. Shaw, International Law 1070-72(9th ed. 2021)
3
U.N.Charter art. 33(1).
4
North Sea Continental Shelf
9Fed.Republic of Ger.v.Den.;Fed.Republic of Ger.v.Neth.), Judgement, 1969I.C.J3(85)
5
U.N.DOC.A/8028(Oct.24,1970).
Moreover, states can skip their international obligation by the name of negotiation as
stated under UN Charter Article 2(2) and in the case of ICJ ( Argentina v. uruguay)
(2010)6.
Limitations
1. Power Asymmetry
Despite of sovereign equality is one of the principle of negotiation The reality
sometimes shift to powerful states often dominate the process. It undermines the
fairness and voluntariness of the process.
2. Less legal clarity
It is not end by binding effect unless it is formalized by treaty or agreement. It
outcomes often clarity enforce ability and predictability.
3. Unfit for legal interpretation
Due to it’s nature of political and diplomatic method and lack of formal legal
procedure it is harder to interpret complex legal issues .

B. Good Offices:
It is another type of dispute settlement method where a third party invites the
disputing party to resolve the issue together without the needing of it or the third party
doesn’t participate directly to the dispute, it is task is to facilitate the peaceful
dialogue between them not to suggest solution it on the disputing parties.
It has some unique features unlike arbitration and mediation the third paty is passive
facilititator not prescriptive also it can be offered unilaterally or accepted upon the
parties invitation it is conducted privately or confidential unless the parties reach on
agreement it is not binding.
Principles of good office
1. Consent: both party must be agree to engage to the dialogue , under UN Charter
article 2(3)protect their choice of method7
2. Impartiality of the third party : it must remain neutral and unbiased
3. Non-intervention:it has to keep out to get into their affair

Limitation

6
Pulp Mills on the River Uruguay (Argentina v.
Urugay),Judgement,2010I.C.J.149Apr.20);U.N.Charter art 2(2)
7
U.N.Charter art. 2(3).
Good office don’t produce binding outcomes and maybe the third party which is
strong may exert informal pressure for their political consideration. Due to it’s
confidential nature accountability is not always succed.
C. Mediation :
Unlike good office in this third party influence is high and actively participate in
mediation by impose solution, clarifying issues or guiding the parties towards the
agreements . in this case third party is prescriptive not passive. Also the UN General
Assembly Resolution affirms the impotance of mediation as one type of dispute
resolution method 8.
It has its own Unique features such as the mediator is active , it also flexible no formal
procedure as long as the party is not agree . it is suitable for legal and non-
legal( poltical, social or economical) dimention.

Most of principles are similar to the above dispute resolution methods but in this case
the meditator must be impartial and according to the UN Guidance for Effective
Mediation (2012)9.

Limitation
Even though it has significant element to the resolution it has its own drawbacks such
as it is non binding nature , the occurrence of power asymmetry , the possibility of the
mediator to be biased and it lacks precision ,misuse like a delay tacit .
In the Beagle Channel Case (Argentina v. chile ) the mediation led to 1984 treaty of
peace and friendship, peacefully they resolved it10.
D Conciliation
It is the method of dispute resolution but the third party as an appointed neutral body
assist, examine the dispute and proposes the solution. It is more formal than mediation
evenif, it has a fact finding nature of arbitration unless the parties agree non-binding.it
provide final report as recommendation not as a judgement or it doesn’t require
implementation unless parties accept them .
Limitations

8
U.N.Doc.A/RES/53/102(Jan. 266,199)
9
U.N.Doc. A/66811(2012)
10
Treaty of Peace and Friendship,Arg.-Chile,Nov.29,1984.
Despite of it is investigations and examinations it doesn’t have binding nature as
stated under art 7 of UNCLOS . party may refuse the commission report it makes
conciliation less effective and characterized by time and cost consuming.
E.Arbitration
It is a binding nature of dispute settlement where the disputing parties submit the case
for the tribunal for a final and legally binding decisions it has more formality than
diplomatic way but it is simper than proceedings.
unique features of arbitration are consent-based but at the same time binding it means
once voluntarily initiated but reached at agreement automatically become an
agreement article 37 of the Hague Convention (1907)11.
Parties has the automnomy to choose the way it goes. Awards are enforceable and
typically not subject to appeal article 11 of the Hague convention 12
Principles of Arbitration
A. Impartiality: according to article 9&10 of PCA Arbitration Rules they shoud not be
biased and free from external force13 .
B. Due process: each party must be treated equally in representing their case under
article 15(1) of PCA rules14.
LIMITAIONS
It is cost and time intensive , despite of its binding nature enforcement depends on the
loosing party cooperation and domestic implementation according to article 54 of
ICSID convention depict political influence. Its decisions do not create binding
precedents it may lead inconsistency in future similar case. Arbitration lack stare
desis.
For instance, in The South China Sea Arbitration (2016) clarify arbitation can resolve
international disputes even if one of the parties refuse to join due to its decisions are
binding 15.

11
Hague Convention for the Pacific Settlement of International Disputes art.37,Oct.18,1907,36
stat.2199,T.s.No538
12
Ibid. art 11
13
Permanent Court of Arbitration Rules arts . 9-10(2012)
14
Ibid.art15(1)
15
Philippines v. China, PCA Case No.2013-19(perm. Ct. Arb.2016).
1.2 Legal Methods of Dispute Settlements
This The type of Dispute Settlement that follow legal method or law based
mechanisms rather that diplomatic methods. Also the result ended up binding on the
parties.

1. Adjucation: the legal mechanism or the judicial resolution of a dispute by a

permanent international court depending on the international law with a binding
nature. The primary adjudication body is International Court of Justice as indicated
under article 92 of the UN Charter . Other forms are also involced like International
Criminal Court and regional courts in specific aspects.According to Article 33(1) of
the UN Charter Judicial settement is one of dispute resolution method16.
Also in its procedding the court apply the laws, treaties norms and others that
indicated under article 38 ICJ statute17.its features included legal procedure , allow
written and oral pleadings, consists of public hearing advisory opinion and binding
judgements .
In the ICJ case Nicaragua v. USA the court held that USA violate international law by
supporting rebels and mining Nicaragua's harbour . even if the US had withdrawn
from the case ICJ continues the proceddings due to nicaragua acceptance and pre-
existing jurisdiction18.
Limitations
Without consent the court cannot entertain the case, ICJ rely on the security council as
stated under article 94 of un charter it is under the influence of veto power. Limited
jurisdiction also no binding precedents.
2. Arbitration: when states give their consent to arbitrate a dispute , the have to
accept the result and implement the arbitral award. Whether or not they are pleased to
the result. The final decision will be binding and enforeable . Additionally Hague
convention affirms the binding nature of arbitral awards when agreed by parties 19.

16
U.N. Charter arts. 33(1),92.
17
Statute of International Court of Justice art. 38.
18
Nicar.v .U.S. Judgement,1986 I.C.J. 14
19
Hague Convention (1907),art.54.