Settlement of International Disputes

2014

1. Introduction

▪ The term international dispute covers not only disputes between states but also other cases,
which have come with in the international regulation.
▪ Fundamental purpose of International law is to maintain peace and security in the world.

2. Literal Meaning of Dispute

Dispute means Conflict, Argue about something or Disagreement

3. Meaning of International Dispute

Case reference: MAVOMMAEIS PALESTINE CONCESSION CASE.

It was held that international dispute means a disagreement on a point of law or fact , a conflict of legal
views or interest between two persons or states.

4. Definition of International Dispute

➢ According to Lawrance, An international dispute is one which is between states

must relate to well defined subject matter and some actions by states
➢ According to Hague Convention, International Disputes are a disagreement on a
point of law or fact , or a conflict of legal view between states

5. Requisites of International Disputes

❖ Dispute between states

❖ Must relate to well-defined subject matter
❖ Must relate to some actions by the state\

6. Kinds of Settlement of International Disputes

There are three main categories of settlement of international disputes

I.Extra Judicial/Diplomatic Ways/peaceful means

o Negotiation

According to Starke, full-fledge sovereign states are the regular parties to international
negotiation.

⇒ North Sea Continental Shelf Case

International Court of Justice emphasised on the obligation of the parties to negotiate and to
pursue them as far as possible with a view to concluding agreement.
 ⇒
Who may negotiate?

o Head of states
o Their Representative
o Diplomatic agent
o
o Good office

When the state parties refuse to negotiate, a third State may come forward and tender its
Good offices for the purpose of settlement of International Disputes.
o
o Mediation

In case of mediation, third state plays a vital role in resolving the dispute other than only
offering the good offices e.g., Role-played by US President in Middle East Peace Talks,
where President Clinton pushed Yasir Arfat from Palestine and Mr. Rabin from Israel to
resolve their dispute on 13th Sep 1993 at Oslo.
o
o Conciliation

In this case, third party to the dispute investigates the matter and submits its suggestions to
settle the disputes between the states.

o Enquiry

Enquiry is not an independent method and is often used along with some other method of resolving the
International Disputes. The object of enquiry is to investigate the true facts of the International Dispute
which may help to resolve it.
o
o Settlement Under United Nations
U/Article 33 (2) of UN Charter
The Security Council shall, when it deems necessary, call upon the parties to settle their
dispute by such means.

II.Judicial Methods
o
o Arbitration

Article 15 of the Hague Convention, `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.`

Arbitration is that kind of method in which dispute referred to certain person who called
arbitrator, is admitted by the both parties to decide the dispute. The decision of the arbitrator
is known as award.

o File a case in International Court of Justice

All member states of United Nations can take their matters to ICJ for decisions/settlement of
deputes.

III.Forcible Means/ Coercive Means

1) Retortion and complaints

Starke defines retortion is a reaction by a state against discourteous or inequitable acts by
another state e.g., restriction on trade and travel with other state. In case of complaint, the
injured state called the ambassador of the other state and makes a formal complaint against
the wrong action of his state.

2) Reprisal

Certain acts or restrictions implemented by International community on specific states to

compel them for the settlement of International Dispute.

Case Reference: GERMANY VS PORTUGAL 1928

It was held` reprisals are only valid under certain circumstances i.e., Reprisals are illegal
unless they are based upon a previous act contrary to international Law. There must be
certain proportion between the offence and the reprisal as the necessary condition for the
legitimacy of the latter. Reprisals are only legitimate when they have been preceded by an
unsuccessful demand of redress and justified by necessities. `

3) Hostile Embargo

If a state violate Treaty or committed an International crime, than the effected state becomes
entitled to create obstruction in the transfer of its ships which are within the territory of
effected states.

4) Pacific Blockade

5) Intervention

Intervention is interference by a state in the affairs of another state for the purpose of maintaining or
altering the actual conditions of thing. E.g., in 1998, Bombardment of America in Afghanistan,
Bombardment of Israel in the territory of Lebanon

6) War

War is the last resort to settle the International Disputes. It is the most coercive and forcible means.
When the other methods of settlement fail, the state may impose war on other state.

7. Conclusion