Peaceful settlement of disputes

What does UN Charter Article 2(3) state?

Disputes must be settled through peaceful means that do not endanger international peace or security

What does UN Charter Chapter 6 Article 33 state?

Parties must first seek solutions through negotiation, mediation, conciliation, and other peaceful means; the UNSC may call upon parties to settle disputes this way

What is UN Charter Chapter 6 about?

The peaceful settlement of disputes

What are diplomatic methods?

Methods where regular organs of international relations intervene without a legal obligation for states to accept

What is the main characteristic of diplomatic methods?

To facilitate a solution through agreement

What are the five diplomatic methods?

Negotiation, enquiry, mediation, conciliation, and good offices

What is negotiation?

The simplest political means of conflict resolution focused on finding common ground; flexible and included in most treaties

What is enquiry?

A fact

What is mediation?

A process where a third party helps states reconcile by proposing multiple alternative solutions

What is conciliation?

A process where a third party conducts an enquiry and proposes a single solution

What are good offices?

A method to restore communication and create a formal relationship between parties with no existing communication

What was the Hague Convention?

The first initiative toward conflict resolution

What are adjudicative methods?

Methods providing binding decisions for conflict resolution when diplomatic methods fail

What are the two adjudicative methods?

Arbitration and judicial settlement

What is arbitration?

A flexible process where states appoint an arbitrator and choose the applicable law; proceedings may be confidential

What is judicial settlement?

A process where disputes go to an international court applying only international law with public proceedings and no state flexibility

What is the UNSC’s role in judicial settlement?

To call upon parties to settle disputes, recommend methods, and recommend settlement terms

Compare mediation and conciliation.

Mediation offers multiple possible solutions; conciliation provides a single proposed solution

Compare arbitration and judicial settlement.

Arbitration is flexible and controlled by states; judicial settlement is formal, public, and controlled by international courts

Which diplomatic method is the simplest and most flexible?

Negotiation

Which diplomatic method restores communication between parties?

Good offices

Which adjudicative method allows states to choose the applicable law?

Arbitration

Which adjudicative method applies only international law?

Judicial settlement

Which diplomatic method involves fact

finding by a third party?

Which diplomatic method proposes multiple solutions?

Mediation

Which diplomatic method proposes one solution?

Conciliation