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Peaceful Settlement of Dispute

Learn about the settlement of the dispute, causes of dispute and peaceful settlement of a dispute.

An international dispute is a disagreement on the point of law or fact, a conflict of legal views or interests between States. As per article 2 (3) of the UN Charter, parties must peacefully settle their international disputes. Security Council Shall determine the existence of a threat to the peace, Breach of the peace or act of aggression. It will take measures to maintain and restore international peace and security. Negotiation, Good Offices, Enquiry, Mediation, Conciliation, Arbitration, Judicial Settlement, Regional Agencies/Authorities or other peaceful means are the pacific means by Chapter 6 of the UN Charter.

Settlement of Internal Dispute

There are 2 Methods of international dispute.

  • Pacific Means- Chapter VI of the United Nations Charter:

Negotiation, Good Offices, Enquiry, Mediation, Conciliation, Arbitration, Judicial Settlement, Regional Agencies/Authorities or other peaceful means.

  • Compulsive Means – Chapter VIl of the United Nations Charter:

Complaints, Reprisal, Hostile Embargo, Blockade, Intervention, War.

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Causes of Internal Dispute

  1. Ideological differences
  2. National integrity
  3. Territorial claim
  4. National prestige
  5. Unlimited colonialism
  6. Liberation movements

Peaceful Settlement of an Internal Dispute

As per article 2 (3) of the UN Charter, parties must peacefully settle their international disputes. The Security Council Shall determine the existence of a threat to the peace, Breach of the peace or act of aggression. It will take measures to maintain and restore international peace and security.

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Methods of Peaceful Settlement of an International Dispute 

  1.  Arbitration: Arbitration is a method to settle a dispute by certain arbitrators. The decision of arbitrators is called an award. The parties to dispute select arbitration.
  2. Judicial Settlement: Judicial settlement is a peaceful mode to settle the international dispute. There is a court called an international court of justice, which decides international disputes. The decision of the international court of justice is binding upon the parties concerned.
  3. Negotiation: The simplest form of settling the international dispute by the states. It may be carried out by the head of state or diplomatic agents.
  4. Mediation and Good Offices: When the parties refuse to negotiate, usually a friendly third state assists in solving an international dispute. The third state plays its role without participating in the negotiation between the parties. In mediation, the third state offers its services and actively participates in disputes.
  5. Conciliation: Conciliation is a process of formal settlement proposals after investigating a fact by a commission or committee.
  6. Enquiry: In enquiry, facts are investigated. The main purpose of the enquiry is to investigate the relevant matters to establish facts that may help the ultimate solution of the problem. 
  7. United Nations: The general assembly and security council have been given wide powers regarding the pacific settlement of the international dispute.

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Conclusion

An international dispute is a disagreement on the point of law or fact, a conflict of legal views or interests between States. As per article 2 (3) of the UN Charter, parties must peacefully settle their international disputes. Security Council Shall determine the existence of a threat to the peace, Breach of the peace or act of aggression. It will take measures to maintain and restore international peace and security.

 Ideological differences, National integrity, Territorial claim, National prestige, Unlimited colonialism and Liberation movements are the main causes of dispute.

Negotiation, Good Offices, Enquiry, Mediation, Conciliation, Arbitration, Judicial Settlement, Regional Agencies/Authorities or other peaceful means are the pacific means by Chapter 6 of UN Charter.

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