Peaceful Settlement of International Disputes

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Peaceful Settlement of International Disputes

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.

According to the celebrated definition by the (see this next term) Permanent Court of International Justice (PCIJ) recited in a great many other judicial decisions (see a list of the case law of the world court in the (see this next term) International Court of Justice [ICJ] judgment of 10 February 2005 in the Certain Property Case [Liechtenstein v Germany] [Preliminary Objections] para 24; (see this next term) Certain Property Case [Liechtenstein v Germany]; see also Armed Activities on the Territory of the Congo [New Application:2002] [Democratic Republic of the Congo v Rwanda] [Jurisdiction and Admissibility] para 90; (see this next term) Armed Activities on the Territory of the Congo Cases; and Territorial and Maritime Dispute between Nicaragua and Honduras in the Caribbean Sea [Nicaragua v Honduras] para 130), contrary to a ‘situation’, which does not imply an existing difference of views between the persons concerned, ‘[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 Great Britain] [Jurisdiction]; (see this next term)Mavrommatis Concessions Cases-as for the difference between both notions, see Legal Consequences for States of the Continued Presence of South Africa in Namibia [South West Africa] notwithstanding Security Council Resolution276 [1970] [Advisory Opinion] 23-24 para. 25; Arts 1 (1), 12 (1), 34, 35 (1), or 36 (1) UN Charter use both terms).

Traditionally, it was the sovereign prerogative of States to settle disputes between them through means they could freely choose, whether peaceful or not. With the progressive prohibition of the use of force ((see this next term) Use of Force, Prohibition of) in international relations, the peaceful settlement of international disputes has become the general rule, recourse to non-peaceful means being confined to the exceptional cases where the use of force remained lawful, that is: only in case of self-defence or when the United Nations Security Council, acting under Chapter VII UN Charter, authorizes or imposes an action involving the use of armed force to maintain or restore international peace and security (Art. 42 UN Charter).

Indisputably a legally binding obligation, the principle according to which international disputes must be peacefully settled is a flexible one in that while it imposes an obligation of behaviour to its addressees (see the Obligation of Peaceful Settlement of Disputes in this legal Encyclopedia), it leaves them free to choose the means for implementing it (see the Free Choice of the Means of Peaceful Settlement in this legal Encyclopedia).

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

  • The GATT/WTO dispute settlement system: international law, international organizations and dispute settlement (EU Petersmann – 1997)
  • International dispute settlement (JG Merrills – 2011)
  • The settlement of disputes in international law: institutions and procedures (JG Collier, V Lowe – 2000)
  • Standing your ground: Territorial disputes and international conflict (P Huth – 2009)
  • The settlement of boundary disputes in international law (AO Cukwurah – 1967)
  • Mediation in international relations: Multiple approaches to conflict management (JE Bercovitch, JZ Rubin – 1992)

Related Entries of the International Encyclopedia:

  1. Peaceful Settlement of Disputes in International Organizations ContentsPeaceful Settlement of Disputes in International OrganizationsIn the AmericasLeague of Arab StatesEuropeEuropean UnionAfricaInternational Organizations Acting as Quasi-Judicial BodiesGuide to the ... Read more...
  2. List of Peaceful Settlement of International Disputes Documents ContentsList of Peaceful Settlement of International Disputes DocumentsGuide to the Peaceful Settlement of International DisputesReferencesSee Also List of Peaceful Settlement ... Read more...
  3. History of Peaceful Settlement of Disputes Obligation ContentsHistory of Peaceful Settlement of Disputes ObligationMilitary and Paramilitary Activities in and against Nicaragua CasePrinciple of Peaceful Settlement of Disputes ... Read more...
  4. Means of Peaceful Settlement of Disputes between States ContentsMeans of Peaceful Settlement of Disputes between StatesPrinciple of ConsentGuide to the Peaceful Settlement of International DisputesReferencesSee AlsoFurther Reading Means ... Read more...
  5. European Convention for the Peaceful Settlement of Disputes ContentsEuropean Convention for the Peaceful Settlement of DisputesNon-legal DisputesLegal DisputesAnother procedure of peaceful settlementResort to the European Convention in the ... Read more...
  6. Peaceful Settlement of Disputes Obligation Nature ContentsNature of the Peaceful Settlement of Disputes ObligationA fundamental weaknesses of international lawPrinciple confirmed by UN ResolutionsResponsibility for resolving disputes ... Read more...
  7. Economic Community of West Africa ContentsEconomic Community of West AfricaEconomic Community of West Africa and the Peaceful Settlement of DisputesGuide to the Peaceful Settlement of ... Read more...
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  9. African Charter on Human and Peoples’ Rights ContentsAfrican Charter on Human and Peoples’ RightAfrican Charter on Human and Peoples’Right and the Peaceful Settlement of DisputesGuide to the ... Read more...
  10. Peaceful Resolution of Disputes Obligation ContentsThe Obligation of Peaceful Settlement of DisputesPeaceful Resolution of Disputes ObligationReferencesSee AlsoFurther Reading The Obligation of Peaceful Settlement of Disputes ... Read more...
  11. Obligation of Peaceful Settlement Scope ContentsScope of the Obligation of Peaceful Settlement of International DisputesLimitationInternational DisputesGuide to the Peaceful Settlement of International DisputesReferencesSee AlsoFurther Reading ... Read more...
  12. Obligation of Peaceful Settlement Content ContentsContent of the Peaceful Settlement of International DisputesGood FaithParties must abstain“Ratione temporis” “Ratione personae” Guide to the Peaceful Settlement of ... Read more...
  13. Variety of Means of Peaceful Settlement ContentsVariety of Means of Peaceful Settlement of International DisputesCategories of peaceful settlementsRulings made by a political organRecourseThird personsScale of Intrusive ... Read more...
  14. History of the Peaceful Means of Settlement ContentsPeaceful Settlement of International DisputesThe League of NationsMain WeaknessesThe United Nations CharterUN Security CouncilQualifications of the disputeThe General AssemblyThe International ... Read more...
  15. Variety Use of Means of Peaceful Settlement ContentsVariety Use of Means of Peaceful Settlement of International DisputesNegotiationsNegotiations held with other MeansJudicial SettlementRegional arrangements or agenciesNo HierarchyPeaceful means ... Read more...
  16. Conference on Security and Cooperation in Europe Conference on Security and Cooperation in Europe (CSCE) Conference on Security and Cooperation in Europe and the Peaceful Settlement of Disputes Based on the Handbook on Peaceful Settlement of Disputes between States (1992, United Nations): In accordance with provisions contained in the [...]...
  17. Institutionalization of the Peaceful Means of Settlement ContentsInstitutionalization of the Peaceful Means of SettlementGuide to the Peaceful Settlement of International DisputesReferencesSee AlsoFurther Reading Institutionalization of the Peaceful ... Read more...
  18. Convention (II) for the Pacific Settlement of International Disputes ContentsConvention (II) for the Pacific Settlement of International DisputesConclusionNotesSee AlsoReferences and Further ReadingAbout the Author/s and Reviewer/s Convention (II) for ... Read more...
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