Diplomatic methods for peaceful settlement
1. Introduction:
An international dispute is a disagreement between two or more states on a point of law or fact international law lays down the procedure for the settlement of international disputes because it has been the objective of international law to develop means and ways through which the disputes among the nations may be resolved.
2. Meaning of international dispute:
Mavommatis Palestine concession case PCLJ serives A o. 2 P. 11
"A disagreement on a point of law or fact, a conflict of legal views or interest between two persons."
3. Causes of international disputes:
The main causes of international disputes are as under.
- i) Ideological difference.
- ii) National integrity.
- iii) Territorial claim.
- iv) National prestige.
- v) Unlimited colonialism.
- vi) Liberation movement.
4. Conditions:
According to Prof. Lawrence:
In order to acquire the states of an international dispute the following requisites must be fulfilled.
- (a) The dispute must be between states.
- (b) The dispute must relate to reasonable, well-defined subject matter.
- (c) The dispute must lead to some action by the aggrieved state.
5. Origin of rules and procedure:
The rules and procedure are derived from.
- (a) Matters of custom or common practices.
- (b) a Large number of law-making treaties.
6. Kinds of settlement:
I. Peaceful or amicable means of settlement:
The Charter of the United Nations has recognized the peaceful settlement of disputes as one of the principles of the United Nations. following are the modes of peaceful settlement.
(i) Arbitration:
Arbitration is a method to settle a dispute by certain persons called arbitrators. The decision of the arbitrator. Article 15 of the Hague Convention lays down that "international arbitration has for its object the settlement of differences between states by judges of their own choice and on the basis of respect of law."
(ii) Judicial settlement:
Judicial settlement is a peaceful mode of settling the international dispute. at present there is a court which is called the International Court of Justice, which decides international disputes. the decisions of the International Court of Justice are binding upon the parties concerned.
(iii) Negotiation:
It is an inter-course between states for the purpose of arriving at a settlement of the dispute. it may be carried out by the head of the state or diplomatic agents. negotiation is the simplest form of settling the international dispute by the state.
(iv) Good offices and mediation:
When the parties refuse to negotiate usually a friendly third state assists in the solution of international dispute. the third state plays its role without participating in the negotiation between the parties. in mediation, a third state not only offers its services but actively participates in talks to resolve disputes.
(v) Conciliation:
Conciliation is the process of formal proposals of settlement after an investigation of facts by a commission or committee.
(vi) Enquiry:
Inquiry is used with other methods. In inquiry, facts are investigated. the main purpose of inquiry is to make an investigation of the relevant matters so as to establish facts which may help the ultimate solution of the problem.
(vii) United nation:
Settlement of disputes by peaceful means is one of the principles of the United Nations as provided under Article 2 para 3 of the charter. The General Assembly and Security Council have been given wide powers with respect to the pacific settlement of international disputes.
7. Compulsive or coercive means of settlement:
If international disputes are not resolved through peaceful manners it can be resolved through forcible methods.
(i) Restoration:
Restoration is a reaction by a state against discourteous or inequitable acts of another state such as retaliation taking the form of the unfriendly legitimate act within the competence of the state whose dignity has been affronted. through this means diplomatic relations may be ended, privileges of diplomatic agents may be withdrawn and economic facilities may be stopped.
(ii) Reprisals:
A reprisal consists of the act which would generally otherwise be quite illegal whereas restoration consists of retaliatory conduct to which would otherwise be quite illegal whereas restoration consists of retaliatory conduct to which no legal objection can be taken.
(iii) Pacific blocked:
The blockade is a coercive means for the settlement of disputes. it consists of a temporary suspension of commerce of the offending state by the closing of access to its coasts. when block is applied during war it is called a pacific blockade. through pacific blocked ingress and agrees of ports of a state are blockaded.
(iv) Embargo:
The embargo is the detention of ships in port. according to Hyde embargo is detention within the national domain of a ship or other property otherwise likely to find its way to the foreign territory. this method may be applied by a state with respect to its own vessels or to the vessels of other states.
(v) International:
International is dictatorial interference by a state in the affairs of another state for the purpose of maintaining the actual condition of things.
8. Conclusion:
To conclude it can be said that an international dispute is a disagreement on the point of law or fact between two states. the international law provides different means to settle the dispute which may be pacific and coercive `or compulsive. today the Pacific means are best mode to settle international disputes.