Public International Law Lecture 7
Peaceful dispute settlement and international economic law
Peacekeeping does not fall under chapter VII, because you need consent for it. Therefore, it
falls under chapter VI.
Peaceful dispute settlement
Article 33 UN Charter: “The parties to any dispute, the continuance of which is likely to
endanger the maintenance of international peace and security, shall, first of all, seek a
solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement,
resort to regional agencies or arrangements, or other peaceful means of their own choice.”
“The Security Council shall, when it deems necessary, call upon the parties to settle their
dispute by such means.”
Diplomatic methods
- Negotiations: talk to each other to find a solution, there is no hard legal duty, unless
under some certain treaties
- Enquiry (fact-finding): sometimes it is not very clear what the facts are, is not so
often used anymore, mostly used in the case of human rights or humanitarian law,
often the UN plays an important role.
- Good offices and mediation: a person brings the parties to the conflict closer to each
other, there are certain States that are seen as rather neutral (for example Norway
and Switzerland) and the UN-person (Ban Ki-Moon) is also important.
- Conciliation: a conciliatory commission is formed, after the commission they come up
with a solution.
NOT BINDING
Judicial methods
- Arbitration
o Features
Award is the final decision of an arbitration case. Arbitration is quicker
than a “normal” case, because you can give your mandate about what
you want. Arbitration is more flexible, you can choose your arbitrators
and you can choose the law, this can be international law, but also
private law etc.
o History
Established in 1899.
o Permanent Court of Arbitration (PCA)
- International Court of Justice
BINDING
The jurisdiction of the International Court of Justice
Does not have compulsory jurisdiction, that means you have to give your consent to the ICJ,
but by giving that consent, you are not immediately bound by the jurisdiction. You can be a
party to the Statute, but that does not mean that you are bound by the jurisdiction of the
ICJ.
Peaceful dispute settlement and international economic law
Peacekeeping does not fall under chapter VII, because you need consent for it. Therefore, it
falls under chapter VI.
Peaceful dispute settlement
Article 33 UN Charter: “The parties to any dispute, the continuance of which is likely to
endanger the maintenance of international peace and security, shall, first of all, seek a
solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement,
resort to regional agencies or arrangements, or other peaceful means of their own choice.”
“The Security Council shall, when it deems necessary, call upon the parties to settle their
dispute by such means.”
Diplomatic methods
- Negotiations: talk to each other to find a solution, there is no hard legal duty, unless
under some certain treaties
- Enquiry (fact-finding): sometimes it is not very clear what the facts are, is not so
often used anymore, mostly used in the case of human rights or humanitarian law,
often the UN plays an important role.
- Good offices and mediation: a person brings the parties to the conflict closer to each
other, there are certain States that are seen as rather neutral (for example Norway
and Switzerland) and the UN-person (Ban Ki-Moon) is also important.
- Conciliation: a conciliatory commission is formed, after the commission they come up
with a solution.
NOT BINDING
Judicial methods
- Arbitration
o Features
Award is the final decision of an arbitration case. Arbitration is quicker
than a “normal” case, because you can give your mandate about what
you want. Arbitration is more flexible, you can choose your arbitrators
and you can choose the law, this can be international law, but also
private law etc.
o History
Established in 1899.
o Permanent Court of Arbitration (PCA)
- International Court of Justice
BINDING
The jurisdiction of the International Court of Justice
Does not have compulsory jurisdiction, that means you have to give your consent to the ICJ,
but by giving that consent, you are not immediately bound by the jurisdiction. You can be a
party to the Statute, but that does not mean that you are bound by the jurisdiction of the
ICJ.
