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It was the basic objective behind the creation of the League of Nations in
1919 and the United Nations in 1945.
Since the direct cause of war and violence is always a dispute between
States, it is therefore in the interest of peace and security that disputes
should be settled.
Methods and procedures for the peaceful (pacific) settlement of disputes have
been made available in the International Law.
The Charter of the United Nations devotes Chapter VI to the methods and
procedures for the pacific settlement of disputes.
Paragraph 1 of Article 33 of the Charter states the methods for the pacific
settlement of disputes as the following: negotiation, enquiry, mediation,
conciliation, arbitration, judicial settlement, and resort to regional agencies or
arrangements.
This paragraph obliges States parties to any dispute, the continuance of
which is likely to endanger the maintenance of international peace and
security, to seek a solution by any of the listed methods or other peaceful
means of their own choice.
The methods of peaceful settlement of disputes fall into three
categories: diplomatic, adjudicative, and institutional methods. Diplomatic
methods involve attempts to settle disputes either by the parties themselves
1. Negotiation
Mediationisclearlyapoliticalmethodofsettlement.Inmediationa
thirdparty,acceptabletobothpartiestothedispute,effectscommunication
betweenthepartiesandparticipatesactivelyintheprocessofnegotiationby
offeringproposalsforsettlement.
2. SimilartomediationisGoodoffices,whichisnotmentionedintheUN
Charter.GoodofficesisrecognizedbytheHagueConventionforthePacific
SettlementofInternationalDisputesof1899(187CTS410).
Itislikemediationexceptthatthethirdpartydoesnotparticipateactivelyin
thenegotiations.S/hemerelyeffectscommunicationbetweentheparties
savingthemthedifficultiesofpersonalcontact.Andthepartieshaveno
priorcommitmenttotheresult.
When the parties to a dispute reach the point of not being able to solve it by negotiation,
or the point where they have broken off diplomatic relations, but they are convinced that a
settlement is important to them, the utilization of the technique of good offices may be
helpful.
Good offices may be utilized only with the agreement or the consent of both disputants.
A third party attempts to bring the disputants together in order to make it possible for
them to find an appropriate settlement to their differences through their negotiations.
In this regard, the function of the third party is to act as a go-between, transmitting
messages and suggestions in an effort to create or restore a suitable atmosphere for the
parties to agree to negotiate or resume negotiation.
When the negotiations start, the functions of the good offices come to an end. The
procedure of good offices, in contrast to mediation, has a limited function which is simply
bringing the disputants together.
In mediation, the mediator takes an active part in the negotiations between the disputants
and may even suggest terms of settlement to the disputants.
Also, in contrast to the case of mediation or conciliation, the profferer of good offices
does not meet with the disputants jointly but separately with each of them. Seldom, if
ever, the profferer attends joint meetings between the parties to a dispute.
Normally, the role of the profferer of good offices terminates when the parties agree to
negotiate, or to resume negotiation. However, the profferer may be invited by the parties
to be present during the negotiations. As in case of mediation, an offer of good offices
may be rejected by either or both parties to a dispute.
3. Conciliation differs from arbitration in one very important respect: the result of the
former is not legally binding and thus has no influence on any further litigation of the dispute.
Boczek1...a diplomatic method of third-party peaceful settlement..., whereby a dispute is
referred by the parties, with their consent, to a permanent or ad hoc commission, ...whose
task is impartially to examine the dispute and to prepare a report with the suggestion of a
concrete proposal.
However, the proposals of conciliation, like the proposals of mediators, have no binding
force on the parties who are free to accept or reject them.
As in the case of mediation, conciliators may meet with the parties either jointly or
separately.
The procedures of conciliation are generally instituted by the parties who agree to refer
their dispute to an already established organ, commission or a single conciliator, which is
set up on a permanent basis or ad hoc basis; third parties cannot take the initiative on their
own.
The conciliators are appointed by the parties to a dispute. They can be appointed on the
basis of their official functions or as individuals in their personal capacity.
Enquiry
Alsocalledasinquiryorfactfinding,whichisagood
descriptionofwhatitis.Itmaybeusedasanindependent
procedureorasapreliminarypartofothermethodsof
peacefuldisputesettlement.Itcanand,inafewcases,ithas
ledtosettlementsbyexposingthetruthofasituationtothe
partiesinvolved.
Litigationandarbitration
Litigationandarbitrationarebothconsideredtobe
judicialasopposedtopoliticalmeansofsettlementbecause
theirresultsarebothlegallybinding.
Thetermsofarbitrationareagreedoninadvanceeither
throughanadhocagreementoratreaty.Theformeris
calledacompromisandthelatteracompromissoryclause.
Inbothcasesthepartiesagreetothejurisdictionofthe
arbitrators,themethodofselectingthearbitrators,a
definitionofthedispute,theproceduretobefollowed,and
sometimestheapplicablelaw.Litigationresultsinopinions
thatareusuallypublished;arbitrationresultsinawardsthat
aresometimespublished.
It is important to note that parties are not bound to use the particular arbitral
formula of Article 33 and are instead able to utilise other procedures if the
parties to the dispute otherwise agree (Article 33(10)(b)). These other
options could include use of the procedures of the Permanent Court of
Arbitration (PCA), which is not a court but rather a special mechanism,
the primary purpose of which is to assist states in settling their international
controversies.515 The PCA was established in 1899 under the Hague
Convention No 1 for the Pacific Settlement of International Disputesand is
able to provide its services to all arbitration cases submitted to it by
agreement of the parties to a dispute. It has recently updated its procedures to
respond to current international practice and a particularly relevant outcome
is the 2001 Optional Rules for Arbitrating Environmental Disputes which
provides more detailed provisions than the arbitration procedure in
the Convention.516 One significant distinguishing factor between the ICJ
and the PCA is that both international organisations and companies can be
parties to PC proceedings under the 2001 Optional whereas only states can
be parties to proceedings before the ICJ.517
The United Nations was founded in October 24, 1945, and had 192 Member
States, the Articles of Association is mainly the "UN Charter", which is to maintain
international peace and in security, the development of friendly relations
between countries, promote international cooperation and coordination of
national actions. It has a total of five major organs: the United Nations General
Assembly, Security Council, the Economic and Social Council, International Court
of Justice and the Secretariat, all agencies are to perform their functions under
the provisions of the Charter.
Chapter VI of the United Nations Charter deals with peaceful settlement of disputes. It
requires countries with disputes that could lead to war to first of all try to seek solutions
through peaceful methods such as "negotiation, enquiry, mediation, conciliation, arbitration,
judicial settlement, resort to regional agencies or arrangements, or other peaceful means of
their own choice."
If these methods ofalternative dispute resolution fail, then they must refer it to the UN
Security Council. Under Article 35, any country is allowed to bring a dispute to the attention of
the UN Security Council or the General Assembly. This chapter authorizes the Security
Council to issue recommendations but does not give it power to make binding resolutions;
those provisions are contained Chapter VII.[1][2][3]
Chapter VI is analogous to Articles 13-15 of theCovenant of the League of Nations which
provide for arbitration and for submission of matters to the Council that are not submitted to
arbitration. United Nations Security Council Resolution 47 and United Nations Security
Council Resolution 242 are two examples of Chapter VI resolutions which remain
unimplemented.
To this end, the Charter provides a system for the pacific settlement or
adjustment of international disputes or situations under which the wide
competence of the United Nations in this matter is established, and the
corresponding obligations of the members of the United Nations are
imposed. This system is delineated mainly in Chapter VI of the Charter.
Chapter VI of the Charter contains the United Nations mechanism for the
pacific settlement of disputes. Article 33 obliges the parties to a dispute, the
continuance of which is likely to endanger the maintenance of international
peace and security, to settle such a dispute by any of the enumerated
peaceful means therein, or by any peaceful means of their choice.
When the parties fail to observe their obligations or their efforts are not
successful, the United Nations will intervene to consider the dispute and give
its recommendations on the matters. The Security Council is given the
primary responsibility in this regard.[18] It is entitled to intervene either on
its own initiative, upon invitation of any member of the United Nations, upon
invitation by the General Assembly, or upon a complaint of a party to a
dispute.[19]
The Security Council may follow three courses of action. First, it may call
upon the parties to a dispute to settle their dispute by any of the peaceful
Although under the Charter the Security Council is given the primary role for
maintaining international peace and security, the General assembly is not
excluded from doing so.
Under Articles 11, 12 and 14, the General Assembly may discuss and make
recommendations for procedures or methods of adjustment, or for terms of
settlement, with regard to any dispute or situation brought before it. The
disputes or situations may be brought before the General Assembly by the
Security Council, any member of the United Nations, or any State party to
such dispute.[23]
The parties to any dispute, the continuance of which is likely to endanger the maintenance
of international peace and security, shall, first of all, seek a solution by negotiation, enquiry,
mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or
arrangements, or other peaceful means of their own choice.
2.
The Security Council shall, when it deems necessary, call upon the parties to settle their
dispute by such means.
Article 34
The Security Council may investigate any dispute, or any situation which might lead to international
friction or give rise to a dispute, in order to determine whether the continuance of the dispute or
situation is likely to endanger the maintenance of international peace and security.
Article 35
1.
Any Member of the United Nations may bring any dispute, or any situation of the nature
referred to in Article 34, to the attention of the Security Council or of the General Assembly.
2.
A state which is not a Member of the United Nations may bring to the attention of the
Security Council or of the General Assembly any dispute to which it is a party if it accepts in
advance, for the purposes of the dispute, the obligations of pacific settlement provided in the
present Charter.
3.
The proceedings of the General Assembly in respect of matters brought to its attention
under this Article will be subject to the provisions of Articles 11 and 12.
Article 36
1.
The Security Council may, at any stage of a dispute of the nature referred to in Article 33 or
of a situation of like nature, recommend appropriate procedures or methods of adjustment.
2.
The Security Council should take into consideration any procedures for the settlement of
the dispute which have already been adopted by the parties.
3.
In making recommendations under this Article the Security Council should also take into
consideration that legal disputes should as a general rule be referred by the parties to the
International Court of Justice in accordance with the provisions of the Statute of the Court.
Article 37
1.
Should the parties to a dispute of the nature referred to in Article 33 fail to settle it by the
means indicated in that Article, they shall refer it to the Security Council.
2.
If the Security Council deems that the continuance of the dispute is in fact likely to
endanger the maintenance of international peace and security, it shall decide whether to take
action under Article 36 or to recommend such terms of settlement as it may consider appropriate.
Article 38
Without prejudice to the provisions of Articles 33 to 37, the Security Council may, if all the parties to
any dispute so request, make recommendations to the parties with a view to a pacific settlement of
the dispute.
Conclusion
In summary, the important role of United Nations in resolving international disputes is self-evident, but its
limitations and weaknesses exposed are also cause for concern. The reflection of international community
on the result of the war in Iraq is that the role and authority of the United Nations should be strengthened
rather than be weakened. The United Nations role in Iraq's reconstruction can not be replaced by any
country or institution. The world today is facing problems such as terrorism, proliferation of weapons of
mass destruction, which are all global issues. To find a legal and effective way to address these problems
requires global cooperation. Therefore, it is imperative to reform the United Nations, by realizing its
shortcomings in conflict, the UN would find the direction and thus to make better self-development.
Loder as
The PCIJ was thus a working reality. The great advance it represented in
the history of international legal proceedings can be appreciated by
considering the following:
its proceedings were largely public and provision was made for the
publication in due course of the pleadings, of verbatim records of the
sittings and of all documentary evidence submitted to it;
the permanent tribunal thus established was now able to set about
gradually developing a constant practice and maintaining a certain
continuity in its decisions, thereby enabling it to make a greater
contribution to the development of international law;
in principle the PCIJ was accessible to all States for the judicial
settlement of their international disputes and they were able to declare
beforehand that for certain classes of legal disputes they recognized the
Courts jurisdiction as compulsory in relation to other States accepting
the same obligation. This system of optional acceptance of the
jurisdiction of the Court was the most that it was then possible to obtain;
In 1942 the United States Secretary of State and the Foreign Secretary
of the United Kingdom declared themselves in favour of the
establishment or re-establishment of an international court after the war,
and the Inter-American Juridical Committee recommended the extension
of the PCIJs jurisdiction. Early in 1943, the United Kingdom Government
took the initiative of inviting a number of experts to London to constitute
an informal Inter-Allied Committee to examine the matter. This
Committee, under the chairmanship of Sir William Malkin ( United
Kingdom), held 19 meetings, which were attended by jurists from
11 countries. In its report, which was published on 10 February 1944, it
recommended:
the creation of a new court was more consistent with the provision
in the Charter that all Member States of the United Nations would ipso
facto be parties to the courts Statute;
several States that were parties to the Statute of the PCIJ were not
represented at the San Francisco Conference, and, conversely, several
States represented at the Conference were not parties to the Statute;
there was a feeling in some quarters that the PCIJ formed part of
an older order, in which European States had dominated the political
and legal affairs of the international community, and that the creation of
a new court would make it easier for States outside Europe to play a
more influential role. This has in fact happened as the membership of
the United Nations grew from 51 in 1945 to 192 in 2006.
The San Francisco Conference nevertheless showed some concern that
all continuity with the past should not be broken, particularly as the
Statute of the PCIJ had itself been drawn up on the basis of past
experience, and it was felt better not to change something that had
seemed to work well. The Charter therefore plainly stated that the
Statute of the International Court of Justice was based upon that of the
PCIJ. At the same time, the necessary steps were taken for a transfer of
The history if the ICJ began with the Hague Conferences of 1897 and 1907 as well as
allowed for the creation of a judicial body providing a peaceful method of dispute
settlement based on international law. This new judicial international organization was
followed through by the establishment of the Permanent Court of International Justice
(PCIJ) in1920.
Between 1921 and 1939 the Permanent Court of Arbitration issued more than 30
decisions and 30 advisory opinions. In the spring of 1945 at the San Francisco
Conference, 50 nations drafted the Charter for a new World Organization. However,
there were 13 nations not party to the PCIJ Statute.
The decision was made to replace the PCIJ with a new court, the International Court of
Justice principle judiciary organ, and dissolve the League of Nations. Both the PCIJ
and the League of Nations were dissolved on April 18, 1946. In April 1946, the
International Court of Justice was installed at the Peace Palace.
The cases decided by the ICJ were to carry the same weight as those decided by the
PCIJ. The International Court of Justice consists of 15 judges each with 9 years terms
in office renewable. Five of these judges come from the Western part of the world,
three from Africa, three from Asia, two from Latin America, and two from Eastern
Europe. The judges are elected at the United Nations Headquarters via secret ballot by
the General Assembly and the Security Council. In order to be elected, each judge
must receive an absolute majority in both bodies, have a high moral character,
expertise in international law, and qualify for the highest judiciary in their country. The
judges are independent and do not reflect or represent their governments in any way.
No two judges may be elected from the same county. Ad hoc judges are added when
the disputing parties have no representation among the judges and these ad hoc
judges also retain full voting rights.