Institutionalization of the Peaceful Means of Settlement

Institutionalization of the Peaceful Means of Settlement

Note: this entry is based on the article, authored by Alain Pellet, “Peaceful Settlement of International Disputes” of the Max Planck Encyclopedia of Public International Law.

The absence of any general mechanism of enforcement of the obligation to peacefully settle international disputes must not conceal the profound changes which have occurred in the implementation of the principle since its origins.

The main traits of the evolution of the peaceful settlement probably are its progressive ‘externalization’ and its institutionalization: while originally limited to a diplomatic negotiation between the protagonists of a given dispute, the settlement of international disputes has progressively involved more systematically third parties and, in particular, international organizations which, at the world or regional levels, are nowadays quite usually the framework in which disagreements between States, and other actors, are settled. This is in striking contrast with the traditional decentralized character of the international society which, contrary to domestic legal orders, offers no organ entrusted with the (quasi-)monopoly of the settlement of disputes.

An overview of the the intervention of international organizations in international disputes in the League of Nations and the United Nations is available under:

  • History of the Peaceful Means of Settlement
  • Peaceful Settlement of Disputes in International Organizations

Guide to the Peaceful Settlement of International Disputes

  • 1. Introduction to the Peaceful Settlement of International Disputes
  • 2. Peaceful Resolution of Disputes Obligation, which comprises:
  • a. History of Peaceful Settlement of Disputes Obligation
  • b. Peaceful Settlement of Disputes Obligation Nature
  • c. Obligation of Peaceful Settlement Scope
  • d. Obligation of Peaceful Settlement Content
  • 3. Means of Peaceful Settlement of Disputes between States, which comprises:
  • a. Variety of Means of Peaceful Settlement
  • b. Institutionalization of the Peaceful Means of Settlement
  • c. History of the Peaceful Means of Settlement
  • d. Peaceful Settlement of Disputes in International Organizations
  • 4. Variety Use of Means of Peaceful Settlement
  • 5. European Convention for the Peaceful Settlement of Disputes

References

See Also

Further Reading

  • J Azud The Peaceful Settlement of Disputes and the United Nations (Slovak Academy of Sciences Bratislava1970).
  • DW Bowett ‘Contemporary Developments in Legal Techniques in the Settlement of Disputes’ (1983) 180 RdC 169-235.
  • R Jennings ‘Reflections on the Term “Dispute” ’ in RSJ Macdonald (ed) Essays in Honour of Wang Tieya (NijhoffDordrecht 1994) 401-5.
  • MG Monroy Cabra Solución pacífica de controversias internacionales (Biblioteca Jurídica Diké Medellín 1996).
  • TA Mensah International Judicial Institutions and the Peaceful Settlement of Disputes (Europa-Union-Verlag Bonn1999).
  • L Caflisch ‘Cent ans de règlement pacifique des différends interétatiques’ (2001) 288 RdC 245-467.
  • A Rosas ‘International Dispute Settlement’ (2003) 46 GYIL 284-322.
  • IW Zartman (ed) Peacemaking in International Conflict: Methods & Techniques (2nd edn United States Institute of Peace Washington DC 2007).

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