PIL: L8 – Peaceful Settlement of Disputes
How disputes are settled – States vs International law:
States?
- Negotiation, mediation, arbitration, self-help, conciliation
- Courts system
- Compulsory jurisdiction of courts
- Enforcement by the state
- Binding judgments and system of precedent (stare decisis)
International law…
- Negotiation, mediation, arbitration, self-help, conciliation
- Various international and regional courts
- Jurisdiction of courts with state consent
- Few enforcement powers
- No system of precedent
What kinds of issues?
Trade and economic disputes
Human rights
Diplomatic and consular issues e.g. privileges and immunities
Environmental disputes (damming of a river, access to resources)
Disputes related to a particular incident e.g. Lockerbie disaster
Use of force and armed conflict
Law of international organizations (e.g. funding, employment matters)
Title to territory/sovereignty
Maritime delimitation
Self-determination
Dispute settlement:
Diplomatic procedures
- Discussion between states, fact-finding
Adjudication
- Third Parties involved in settling a dispute
What is a ‘dispute’?
- “A dispute is a disagreement on a point of law or fact, a conflict of legal views
or of interests between two persons.” Mavrommatis Palestine Concessions
(Greece v. U.K.), 1924 P.C.I.J
Legal vs political disputes -- Difficult to distinguish between the two
ICJ, Obligations concerning Negotiations relating to Cessation of the Nuclear Arms
Race and to Nuclear Disarmament (Marshall Islands v. United Kingdom): ICJ found
that it lacked jurisdiction altogether and declined move to the merits stage, on the
basis that a ‘dispute’ did not exist. Marshall Islands brought claims against the
United Kingdom, India, and Pakistan for their alleged failure to fulfill their
obligations to conclude negotiations that would lead to nuclear disarmament. The
ICJ found that in all three cases there was no justiciable dispute between the parties.
The respondent states argued that Marshall Islands had never brought its claim to
their attention, let alone engage in negotiations or talks on the matter
ICJ’s requirement that a ‘dispute’ exists can prevent vexatious or unfounded cases
being brought before the ICJ
, But was this a way of the ICJ avoiding a political issue (important for P5 states)?
Article 2(3) UN Charter
- “All Members shall settle their international disputes by peaceful means in such
a manner that international peace and security, and justice, are not endangered.”
Declaration on Principles of International Law concerning Friendly Relations and
Cooperation among States in accordance with the Charter of the United Nations
New York, 24 October 1970:
- 2.2. “States shall accordingly seek early and just settlement of their international
disputes by negotiation, inquiry, mediation, conciliation, arbitration, judicial
settlement, resort to regional agencies or arrangements or other peaceful means
of their choice. In seeking such a settlement the parties shall agree upon such
peaceful means as may be appropriate to the circumstances and nature of the
dispute.”
- 3.3 “The parties to a dispute have the duty, in the event of failure to reach a
solution by any one of the above peaceful means, to continue to seek a
settlement of the dispute by other peaceful means agreed upon by them.”
Art 66, Vienna Convention on the Law of Treaties:
Article 66 - Procedures for judicial settlement, arbitration and conciliation
If, under paragraph 3 of article 65, no solution has been reached within a period of
12 months following the date on which the objection was raised, the following
procedures shall be followed:
- (a) any one of the parties to a dispute concerning the application or the
interpretation of articles 53 or 64 may, by a written application, submit it to the
How disputes are settled – States vs International law:
States?
- Negotiation, mediation, arbitration, self-help, conciliation
- Courts system
- Compulsory jurisdiction of courts
- Enforcement by the state
- Binding judgments and system of precedent (stare decisis)
International law…
- Negotiation, mediation, arbitration, self-help, conciliation
- Various international and regional courts
- Jurisdiction of courts with state consent
- Few enforcement powers
- No system of precedent
What kinds of issues?
Trade and economic disputes
Human rights
Diplomatic and consular issues e.g. privileges and immunities
Environmental disputes (damming of a river, access to resources)
Disputes related to a particular incident e.g. Lockerbie disaster
Use of force and armed conflict
Law of international organizations (e.g. funding, employment matters)
Title to territory/sovereignty
Maritime delimitation
Self-determination
Dispute settlement:
Diplomatic procedures
- Discussion between states, fact-finding
Adjudication
- Third Parties involved in settling a dispute
What is a ‘dispute’?
- “A dispute is a disagreement on a point of law or fact, a conflict of legal views
or of interests between two persons.” Mavrommatis Palestine Concessions
(Greece v. U.K.), 1924 P.C.I.J
Legal vs political disputes -- Difficult to distinguish between the two
ICJ, Obligations concerning Negotiations relating to Cessation of the Nuclear Arms
Race and to Nuclear Disarmament (Marshall Islands v. United Kingdom): ICJ found
that it lacked jurisdiction altogether and declined move to the merits stage, on the
basis that a ‘dispute’ did not exist. Marshall Islands brought claims against the
United Kingdom, India, and Pakistan for their alleged failure to fulfill their
obligations to conclude negotiations that would lead to nuclear disarmament. The
ICJ found that in all three cases there was no justiciable dispute between the parties.
The respondent states argued that Marshall Islands had never brought its claim to
their attention, let alone engage in negotiations or talks on the matter
ICJ’s requirement that a ‘dispute’ exists can prevent vexatious or unfounded cases
being brought before the ICJ
, But was this a way of the ICJ avoiding a political issue (important for P5 states)?
Article 2(3) UN Charter
- “All Members shall settle their international disputes by peaceful means in such
a manner that international peace and security, and justice, are not endangered.”
Declaration on Principles of International Law concerning Friendly Relations and
Cooperation among States in accordance with the Charter of the United Nations
New York, 24 October 1970:
- 2.2. “States shall accordingly seek early and just settlement of their international
disputes by negotiation, inquiry, mediation, conciliation, arbitration, judicial
settlement, resort to regional agencies or arrangements or other peaceful means
of their choice. In seeking such a settlement the parties shall agree upon such
peaceful means as may be appropriate to the circumstances and nature of the
dispute.”
- 3.3 “The parties to a dispute have the duty, in the event of failure to reach a
solution by any one of the above peaceful means, to continue to seek a
settlement of the dispute by other peaceful means agreed upon by them.”
Art 66, Vienna Convention on the Law of Treaties:
Article 66 - Procedures for judicial settlement, arbitration and conciliation
If, under paragraph 3 of article 65, no solution has been reached within a period of
12 months following the date on which the objection was raised, the following
procedures shall be followed:
- (a) any one of the parties to a dispute concerning the application or the
interpretation of articles 53 or 64 may, by a written application, submit it to the
