Peaceful settlement of international dispute

Method / Techniques/
Instruments of peaceful
Settlement of International
disputes
By
Mahesh Jaiwantrao Patil
M.A. (Political Science), M.Phil, NET, SET, & Ph.D (Pursuing)
Assistant Professor,
Narayanrao Chavan Law College, Nanded, Maharashtra, India

 The main purpose and objective of the UNO
is to maintain international peace and
security & develop friendly relation among
nations based on the principle of equal
right and self determination of people. It is a
objective of the UNO is to settle the disputes
of the nations with peace full methods.
 Disputes may arise among nations. When
one nation attacks on another nation.
 The conflict arises among nations due to the
many reasons.

 Territorial claim : The War Between many
States may be started from territorial claim
such as territorial boundary claim, seas,
rivers; channels are also the sources of war.
 Feeling of extreme nationalism: Felling of
nationalism may arise conflict between
states. Strong nation wants to attack against
weaker nation.
 Misunderstanding due to arm race: Arms
race between the neighboring states
creates suspension of other state and
increases the disputes between the
neighboring states.

Supremacy through economic control:
International trade is the source of the
richness of a nation. Domination over the
world made some countries rich and the
competition between these nations
created world wars

Negotiation: 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.
In negotiation process parties should determine
what they want, their own interests as
distinguished from their opponents. Each party
should identity all their interest, motivation and
perceptions.

There are four characteristics of a good
negotiated settlement 1.Fairness
2.Efficency 3.Wisdom 4.Stability.
 Each party needs to explain its own
interests and listen carefully opposition
wish and understand his sympathy.
 The negotiation should take place
without the intervention of third party.

 In international disputes the negotiating
parties have to take in the cognizance
(knowledge) the national interests and the
public opinion while negotiating.
 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 is
completely solved, it reduces the area of
tensions between two states.

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 methods 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. To mediates means to interpose
between parties to interest them to each
other.

 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 participates in the
dispute. However, the suggestions made by
the mediator are not binding on the parties.

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.

International Arbitration: It has been in
place from the last several centuries. A
dispute of two 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 states by someone not involved
in the disputes 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 states by judges 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 cases. It permitted the
permanent court of arbitration setup
under The Hague convention of 1899 to
continue.
The UNO charter has mentioned
arbitration as a method of Pacific
settlement of dispute. Under the UNO
(United Nation Organization) charter the
permanent court of arbitration was
replaced by the court of international
justice.

However, arbitration as a method of
pacific settlement of disputes has not
proved very effective. 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 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.
Advantages of Arbitration: -
 Arbitration can be conducted without
publicity.
 It is more appropriate to technical disputes.
 It is less expensive.
 Its procedure is flexible. Enough to be
combined with the fact finding processes.

 Conciliation: The united nation (U.N.)
charter has mentioned conciliation as a
method of politic settlement of disputes. The
term conciliation has been used in broad as
well as narrow terms.
 Broad sense: - It covers the great variety of
methods where by a dispute is amicably
settled with the help of other states or of
impartial bodies of inquiry or advisory
committee.
 Narrow sense: It implies reference of a
dispute to a commission or committee to
make a report with proposal to the parties
for settlement.

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, sometimes used
interchangeably with mediation.
Frequently, conciliation Is more
structured than mediation. Conciliation is
sometimes right based then interest
based.

It offers a more flexible alternative, for aWide
variety of disputes, small as well as large.
It obviates or opposes the parties from seeking
resource to force.
There is complete secrecy. It is committed to
maintenance of confidentially throughout the
proceedings.
Non obligation to accept of the commission’s
proposals no loss of rights or abandonment of
position.

It takes full account of the sensitivity,
susceptibility and prestige of governments in
that it is easier to accept a third party’s solution
than that offered by the opponent.
It produces quicker resolution of dispute.
It reserves the freedom of the parties to
withdraw from conciliation.

Judicial settlements:- the international
court of Justice was established by the
charter of U.N.O. . The states may settle
their dispute 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 Hague; it has permanent body
of U.N.O.

Peaceful settlement of international dispute

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