INTERNATIONAL AGENCIES AND

MEANS FOR CONFLICT RESOLUTION

AND PEACE BUILDING : INTERSTATE
 REASONS FOR INTERNATIONAL CONFLICT

• Territorial Claims : War between States may be started from territorial claim such as :
boundary claim, seas, rivers; channels

• Feeling of Nationalism : May cause conflict between states. Strong nation wants to
dominate weaker nation

• Misunderstanding due to Arms Race: Arms race between the neighboring states
creates suspicions of other state and increases the disputes between the neighboring states

• Supremacy through Economic Control: International trade is the source of the

richness of a nation

• . Domination: Over the world made some countries rich and the competition between
these nations created world wars
TOOLS FOR INTERNATIONAL CONFLICT
RESOLUTION
▪ Negotiation
▪ Bargaining
▪ Mediation
▪ Conciliation
▪ Arbitration
▪ War and Sanctions
 INTERNATIONAL BODIES AND
ORGANISATIONS FOR CONFLICT
RESOLUTION
•United Nations Office for Disarmament Affairs
•United Nations Institute for Disarmament Research
•ICA (ICC) & PCA
•IL0
•ICJ
•UNO
•Amnesty International
•The Auschwitz Institute for Peace and Reconciliation
(AIPR)
•The Conflict Resolution Education Connection
•Council on Foreign Relations (CFR)
• International Criminal Court
NEGOTIATION
 NEGOTIATION
• Simplest method of peace full settlement of disputes
• . Most common form of disputes resolution
• Negotiations are carried on either by the head of the states or their appointed
authority
• Negotiation is a non-binding procedure in which discussion between the parties are
initiated without the intervention of any third party
• In negotiation ,parties should determine what they want, their own interests as
distinguished from their opponents. Each party should identity all their interest,
motivation and perceptions
• There are four characteristics of a good negotiated settlement:
✔ Fairness
✔ Efficency
✔ Wisdom
✔ Stability
• . The negotiation should take place without the intervention of third party
Negotiations took place between India and
Pakistan when the Indian prime minister Mr.
Vajpayee and Pakistan President Mr. Pervez
Musharraf met at Agara to settle all the disputes
pending between India and Pakistan including
Kashmir
FAILED
 BARGAINING
❑Seeking an agreement to a conflict through
direct negotiation between parties.
❑Tough bargaining may lower the other party`s
expectations, making the other side willing to
settle for less

TREATY OF VERSAILLES
 CONCILIATION
▪ A conflict resolution process whereby the parties agree to utilize the
services of a conciliator, who then meets with the parties separately in
an attempt to resolve their differences, most of the time by seeking
concessions

• Dispute is amicably settled with the help of other states or of impartial

bodies of inquiry or advisory committee

• The parties are not bound to accept conciliation

• Conciliation, sometimes used interchangeably with mediation

• Frequently, conciliation Is more structured than mediation.

NOT BINDING
 CONCILIATION
In the 1970s small
concessions by Israel
and Egypt (such as Israel
allowing Egypt to open
up the Suez Canal, Egypt
allowing ships bound for
Israel to pass through)
helped reduce tension to
a point where the
negotiations became
possible
 MEDIATION
▪ An attempt by a neutral third party to resolve a conflict by facilitating
communication and offering suggestions. A third party mediator may
offer suggestions that enable conflicting parties to make concessions
and still save face

▪ Mediation is a non-binding procedure in which an impartial and

neutral third party, (the mediator)assists (to help) the parties to a
dispute in reaching a mutually satisfactory and agreed settlement of the
dispute

▪ Informal and an assisted negotiation of a dispute settlement

▪ The mediator actively participates in the dispute. However, the

suggestions made by the mediator are not binding on the parties
NOT BINDING
The Tashkent agreement between India and Pakistan in 1965-66.
Soviet Russia took initiative steps to reduce the conflicts between
India and Pakistan and created an atmosphere for settlement
 PERMANENT COURT OF ARBITATION

▪ The Permanent Court of Arbitration (PCA) is an

intergovernmental organization set up in 1899 located at The
Hague in the Netherlands
▪ The PCA is not a court in the traditional sense but an arbitral
tribunal to resolve disputes that arise out of international
agreements between member states, international organizations
or private parties
▪ The cases span a range of legal issues involving territorial and
maritime boundaries, sovereignty, human rights, international
investment, and international and regional trade
 PERMANENT COURT OF
ARBITRATION

▪ Membership of 121 states

▪ The organization is not a United Nations agency

▪ The Tribunal consists of 5 arbitrators, two of which

are selected by each party to the arbitration (and
one of whom may be a national of the party
concerned).
▪ The four arbitrators choose the fifth and presiding
arbitrator
 PCA ARBITRATION AWARDS
✔ North Atlantic Fisheries case 1910
✔ Muscat Dhows case 1905
✔ Savarkar case 1911
✔ Croatia v. Slovenia (2017)
✔ Italy v. India (Enrica Lexie case), pending
✔ Kutch Arbitration Award

The AWARD given by this court is according to the

principles of the international Law & is binding on the
parties

BINDING
 ENRICA LEXIE ARBITRATION
According to Italy, the Parties’ dispute arises from an incident that
occurred on 15 February 2012 approximately 20.5 nautical miles off
the coast of India involving the “Enrica Lexie, an oil tanker flying the
Italian flag, and India’s subsequent exercise of criminal jurisdiction
over the incident and over two Italian marines from the Italian Navy.
According to India, the incident in question concerns the killing of
two Indian fishermen on board an Indian vessel named the “St.
Antony”, and India’s subsequent exercise of jurisdiction. It is alleged
that the two Italian marines aboard the “Enrica Lexie” killed the
fishermen.
 THE KUTCH DISPUTE
• The India-Pakistan dispute over Sir
Creek can be traced back to the
pre-independence period, to
around 1908, when an argument
ensued between the rulers of Kutch
and Sind over a pile of firewood
lying on the banks of a creek
dividing the two principalities. The
dispute was taken up by the
government of Bombay state,
which, in 1914, gave its verdict
supported by Map Number B44 and
subsequently B74
• Sir Creek, which is more of a
fluctuating tidal channel, is a sixty-
mile-long estuary in the _marshes of
the Rann of Kutch
• The Rann lies on the border between
the Indian state of Gujarat and the
Pakistani province of Sind
• In 1965, after armed clashes, Pakistan
asserted that half of the Rann along the
24th parallel was Pakistani territory.
India countered that the boundary ran
roughly along the· northern edge of the
Rann
• The matter was referred to arbitration
and the Indo-Pakistani Western
Boundary Case tribunal's Award on
February 19, 1968, upheld 90 percent of
India's claim to the entire Rann,
conceding small sectors to Pakistan
 THE KUTCH ARBITATION AWARD
❖The Kutch arbitration award 1968 there was an
armed conflict between India and Pakistan.
Pakistan claimed 3500 sq. miles of land situated at
the Rann of Kutch. India & Pakistan agreed to
cease-fire, & to refer the matter to arbitration.
❖Three arbitrators were appointed with mutual
consent. The arbitral court gave its award in1968
allotting 320 sq. miles to Pakistan and the rest to
India. Both the countries criticized the award, but
were obliged to implement it
 INTERNATIONAL COURT OF
ARBITRATION (ICA/ICC)

▪ An institution for the resolution of international

commercial disputes
▪ The International Court of Arbitration is part of
the International Chamber of Commerce
▪ The court comprises more than 100 members
from about 90 countries
▪ ICC headquarters is in Paris, France
 ARBITATION AWARD
▪ In a major victory for government-owned Air India, the
airline won an arbitration case against US-based air
charter company Dynamic International Airways, putting
an end to a more than three-year-old legal tussle
between the two parties. The order given by arbitrator,
former Comptroller and Auditor General P Sesh Kumar
will require the US-based charter operator to pay an
amount of around Rs 65.71 crore to the national airline

▪ New Delhi International Arbitration Centre

 UNITED NATIONS CONVENTION
ON LAW OF SEA
• The United Nations Convention on the Law of the
Sea (UNCLOS) provides for a dispute resolution
mechanism regarding maritime boundaries in which
member states can choose either the:

✔ International Tribunal for the Law of the Sea

✔ International Court of Justice
✔ Arbitral tribunal (constituted in accordance with
Annex VII, UNCLOS)
✔ A special arbitral tribunal (constituted in accordance
with Annex VIII)
 UNITED NATIONS AND CONFLICT RESOLUTION

The main purpose and objective of the UNO is to maintain international

peace and security & develop friendly relation among nations based on
the principle of equal right and self determination of people. It is a
objective of the UNO is to settle the disputes of the nations with peace
full methods

• 1947-48 Indo Pak War

• 1965 Indo Pak War
• 1971 Indo Pak War
• Sierra Lone
• Rawanda
• Baifra
• Middle East
THE INTERNATIONAL COURT OF
JUSTICE
 INTERNATIONAL COURT OF JUSTICE

⮚ The International Court of Justice was established by

the charter of the UN
⮚ The states may settle their dispute through theICJ
⮚ Article 92 to 96 of the charter of UN explains about
the ICJ
⮚ Each member of the UN is obliged to comply with the
decision of the court in any case to which it is a party.
⮚ It is situated in Hague

BINDING
 THE ICJ
• By a special agreement
• By a clause in a treaty of the treaty
• By a unilateral declaration
• ICJ is composed of 15 judges elected for 9 years
term by the UNGA and UNSC
• International Court of Justice is one of the most
important guarantors of peace, security and co-
operation among states
• Justice Dalveer Bhandari currently serves as
permanent judge at ICJ
 ICJ RULINGS INDIA SPECIFIC

Recent ruling by ICJ, awarded Bangladesh

more than 9,700 square miles in the Bay of
Bengal, ending a maritime dispute spanning
more than three decades
Commander Kulbhushan Case
 Commander Kulbhushan Case
Kulbhushan Sudhir Jadhav (alias
Hussain Mubarak Patel)
• Born 16 April 1970
•Indian national.
• Alleged by the Pakistani
government that he was arrested
in the Pakistani province of
Balochistan on charges of
terrorism and spying for India's
intelligence agency, the Research
and Analysis Wing.
• On 10 April 2017, Indian foreign
ministry said he had been
"kidnapped last year from Iran
and his subsequent presence in
Pakistan has never been
explained credibly"
‘’I am still a serving officer in the
Indian Navy and will be due for
retirement in 2022. By 2002, I
commenced intelligence
operations. In 2003, I established
a small business in Chabahar in
Iran. As I was able to achieve
undetected existence and visits to
Karachi in 2003 and 2004 and
having done some basic
assignments within India for
RAW, I was picked up by RAW in
2013’’
 ICJ JUDGEMENT VALIDITY

 Judgments delivered by the Court (or by one of its Chambers) in disputes

between States are binding upon the parties concerned
 Article 94 of the United Nations Charter provides that “[e]ach Member of
the United Nations undertakes to comply with the decision of [the Court]
in any case to which it is a party”
 Judgments are final and without appeal. If there is a dispute about the
meaning or scope of a judgment, the only possibility is for one of the
parties to make a request to the Court for an interpretation
 In the event of the discovery of a fact hitherto unknown to the Court
which might be a decisive factor, either party may apply for revision of
the judgment