PIL - Peaceful settlement of disputes

What is a “dispute” in international law?

A disagreement on a point of law or fact, a conflict of legal views or interests between two persons or states.
Case Reference: Mavrommatis Palestine Concessions, Greece v. Britain, PCIJ 1924

What principle does the 1970 UN Declaration assert about dispute settlement?

Every State shall settle its international disputes by peaceful means in a manner that does not endanger international peace, security, or justice.

What are common causes of disputes between states?

• Omission

• Intentional breach

• Different legal interpretations

• Changing circumstances

What are the diplomatic methods of dispute settlement listed in the UN Declaration (1970)?

• Negotiation

• Good offices

• Mediation

• Inquiry

• Conciliation

• Arbitration

• Judicial settlement

• Regional arrangements

What are different types of negotiation in international relations?

• Bilateral

• Multilateral

• Ad hoc commissions

• Third-party involvement (partial mediation)

• Track II (non-official) diplomacy

What did the ICJ state in Legality of the Threat or Use of Nuclear Weapons (1996)?

There exists not only an obligation of conduct but an obligation to achieve a precise result through negotiation.

How do good offices and mediation differ?

• Good offices: Passive facilitation to bring parties to the table (ends once talks start).

• Mediation: Active third-party role in conducting negotiations, offering proposals, clarifying issues, and drafting solutions.

What roles can the UN Secretary General play in dispute settlement?

• Offering good offices

• Appointing envoys or mediators

• Conflict prevention (e.g., S/2015/730 Report on UN and Conflict Prevention)

What is inquiry in dispute resolution?

A third-party fact-finding process designed to impartially establish disputed facts or technical issues, often via commissions of experts.

Define conciliation as a method of dispute resolution.

Involves an impartial third party or formal commission combining inquiry and mediation, offering non-binding solutions which parties may accept or reject.

What is arbitration in international law?

A binding method where parties agree on procedures, judges, and applicable law to resolve disputes outside formal court structures.

What are the two types of arbitration mechanisms?

1. Provisional/Ad hoc Arbitration: Custom-set by parties without institutional backing.

2. Permanent Arbitration Institutions: Like the Permanent Court of Arbitration (PCA) established by the 1899 Hague Convention.

What is the Permanent Court of Arbitration (PCA)?

• Established: 1899

• Type: Intergovernmental organization

• UN Observer (not part of UN)

• 122 member states, including Kosovo and Palestine

What African mechanisms exist for peaceful dispute resolution?

• African Union Peace and Security Council

• Commission of Mediation, Conciliation and Arbitration

• Cairo Declaration 1993

• Sub-regional bodies:

  • ECOWAS (Liberia, Sierra Leone)

  • SADC (Politics, Defense, Security)

What mechanisms does the Organization of American States (OAS) provide?

• Charter-based dispute mechanisms

• Peace Missions: Colombia, Costa Rica–Nicaragua, Belize–Guatemala

• Peace Fund and Confidence Building Measures

• Secretariat for Multidimensional Security (SMS)

What are the functions of the Organization for Security and Cooperation in Europe (OSCE)?

• Platform for political/security dialogue

• Focuses on arms control, terrorism, media freedom, minority rights

• Involved in conflict prevention in regions like Yugoslavia, Moldova, Ukraine

What is the OSCE Court of Conciliation and Arbitration?

• Created by the 1992 Stockholm Convention

• Can be unilaterally activated by a State Party

• Offers a conciliation report; if not accepted, leads to binding arbitration

What are key economic dispute settlement mechanisms?

• Investment disputes:

  • ICSID (International Centre for Settlement of Investment Disputes)

  • UNCITRAL arbitration rules

• Trade disputes:

  • WTO Dispute Settlement Body

  • NAFTA/USMCA trade dispute panels