PUBLIC INTERNATIONAL LAW

PROJECT REPORT ON:

PACIFIC MEANS OF SETTLEMENT OF INTERNATIONAL DISPUTES

SUBMITTED TO: MR JATINDER MANN

SUBMITTED BY: MUSKAN
COURSE: BA LLB HONS.
ROLL NO : 81/20 SEC B

CONTENTS:

A. SCOPE OF INTERNATIONAL DISPUTES…………………………………………………..1

B. PACIFIC MEANS OF SETTLEMENT OF DISPUTES………………………………………2
C. MEANS FOR SPECIFIC SETTLEMENT……………………………………………………..3
1) NEGOTIATION………………………………………………………………………….4
2) GOOD OFFENCES…………………………………………………………………….4
3) MEDIATION……………………………………………………………………………..5
4) ENQUIRY………………………………………………………………………………..5
5) CONCILIATION…………………………………………………………………………5
6) ARBITRATION………………………………………………………………………….6
D. MACHINERY OF THE UNITED NATIONS ORGANIZATION…………………...7

A. SCOPE OF INTERNATIONAL DISPUTES

When we talk about "international disputes", this usually means two or more countries
(countries) that disagree on some legal issue. The term contains several elements that are related
and can be a broader definition of how an individual approaches the subject. In the very famous
case Greece v. United Kingdom (1924) (also known as "Mavrommatis Palestine Concessions")
dispute was defined as a disagreement on a question of law or fact, a conflict of legal opinions or
interests between two people.

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These disputes can arise between governments, organizations, legal entities or institutions
around the world. However, the scope of these disagreements is not limited to legal or political
issues, but can also stem from political, economic or ideological differences.

Every dispute, whether international or domestic, has certain points of disagreement. This
disagreement may be due to law or policy or related issues. So there must be a reasonable
understanding of what specifically the dispute is about. Although we know that the point of
conflict must be specific, a dispute arises from the indifference of the participants, and as in all
disputes, disagreements must involve what we call a claim or contention by one or more
disputants.

B. PACIFIC MEANS OF SETTLEMENT OF INTERNATIONAL DISPUTE

Disputes between international actors are different from ‘domestic’ disputes. While domestic
disputes cannot challenge world peace and security, international disputes can have huge
ramifications on the global peace scenario. It is without a doubt necessary to have a proper
dispute resolution mechanism to strengthen international relations and to maintain order on a
global scale.

In order to ensure peace is maintained, the UN Charter of 1945 was passed which enshrined the
importance of resolving disputes peacefully. The motive was to promote healthy relations
between states and international organizations. It is important to note that the mandate of the
1945 UN Charter of ‘International peace’ was hugely influenced by the world wars and other
armed disputes that had threatened world peace and hence the importance of maintaining and
keeping international peace cannot be emphasized enough.

Parties/states signatory to the 1945 Charter are under an obligation to ensure peace. Article 1(1)
of the Charter states that international actors have an obligation “To maintain international peace
and security, and to that end;… to bring about by peaceful means, and in conformity with the
principles of justice and international law, adjustment or settlement of international disputes or
situations which might lead to a breach of the peace”.
To replace aggression with cooperation in international relations, the UN defended both the norm
and the practice of peaceful settlement of disputes. Article 2 of the Charter sets out the
principles by which the objectives of Article 1 are to be fulfilled by the United Nations and its

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members. Article 2(3) states that all members resolve their international disputes by peaceful
means in a manner that does not endanger international peace, security and justice.

According to Bruno Simma, "the principle of peaceful settlement of disputes is central in a

world order characterized by the prohibition of force and coercion". Therefore, this principle
creates certain duties and responsibilities for the member states before the United Nations. The
states themselves are mainly responsible for the peaceful settlement of disputes, while the
Charter lists institutional arrangements that facilitate the fulfillment of this principle. The
emphasis of the Charter on the peaceful settlement of disputes was repeated and further
developed in subsequent declarations and resolutions. The Declaration of Friendly Relations
presented in the General Assembly resolution in 1970 aimed to clarify the scope and content of
the principle of the peaceful settlement of disputes. The 1982 Manila Declaration on the Peaceful
Settlement of International Disputes (adopted by General Assembly Resolution 1982) provided a
more detailed explanation, as it defined the substantive obligations of states in the peaceful
settlement of disputes, as well as powers . In November 1985, in resolution , the General
Assembly solemnly appealed to all countries to peacefully resolve conflicts and disputes.
Many nations have also entered into several multilateral agreements with the aim of settling
their disputes and differences peacefully.
The most important treaties are the Hague Convention of 1899 for the Settlement of
International Disputes in the Pacific Region, which was revised at the Second Hague Peace
Conference in 1907, and the General Law for the Settlement of Pacific Disputes in 1928, which
was adopted under the auspices of the League of Nations. . In addition, there are regional treaties
such as the 1948 United States Treaty on the Pacific settlement, the 1957 European Convention
for the Peaceful Settlement of Disputes, and the 1964 Protocol of the Organization of African
Unity . In addition to such general dispute settlement agreements, there are many bilateral and
multilateral agreements that contain specific dispute settlement clauses.

C. MEANS FOR PACIFIC SETTLEMENT

Chapter VI of the UN Charter is devoted to methods and procedures for the peaceful settlement
of disputes. Article 33(1) of the Charter mentions the methods of peaceful settlement of
disputes: negotiation, enquiry, conciliation, mediation, arbitration, judicial settlement and

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recourse to regional bodies or agreements. This paragraph obliges the Contracting States to seek
a solution by one of the listed methods or by any other peaceful means of their choice in all
disputes, the continuation of which threatens the maintenance of international peace and security.
The methods of peaceful resolution of disputes are divided into three categories: diplomatic,
adjudicative and institutional methods. Diplomatic methods involve attempts to resolve disputes
either by the parties themselves or with the help of other parties. Judicial methods include
resolving disputes in courts, either through judicial or through arbitration. Institutional methods
include recourse to either the United Nations or regional organizations for dispute resolution.

(1) Negotiation :
When disputing countries themselves resolve their disputes by discussing or reconciling their
differences, this procedure is called negotiation. Negotiations may be conducted by their heads of
state or their authorized representatives or diplomatic representatives. This is the easiest way to
resolve disputes. It helps the contracting states that are parties to the dispute to implement the
necessary changes by mutual agreement. The success of the negotiation depends largely on the
degree of acceptance of the demands of the other side and on the spirit of adaptation in the
negotiation. There is also some weakness in negotiations. It is often difficult for the disputing
country to ascertain the exact circumstances of the dispute. Moreover, when the parties are
unequal, the small power is likely to submit to the will of the great power.
Here are some examples of Negotiation:
a) India and Pakistan Settled their outstanding differences in the Shimla Conference (1976).
b) India and Bangladesh Settled Farakka Barrage (gunfire) Issue through Negotiation. (1977)
(2) Good Offices :
If the parties refuse to negotiate or are unable to negotiate, they can use the help of a third party.
The third party may be appointed by the parties themselves or by the Security Council. The third
party can be the state or a private person. To resolve the Kashmir dispute between India and
Pakistan, the Security Council appointed Mr. McNaughton in 1949, Mr. Dixon in 1950, Mr.
Graham in 1951 and Mr. Jarring in 1957 as representatives to the United Nations. The term
"good office" refers to bringing conflicting parties together and giving advice or proposing
solutions without engaging in negotiations. A disputing party may disregard such suggestions or
advice without prejudice or violation of law.

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(3) Mediation:
Mediation is the negotiation between disputing countries through a third party. Simply put,
when a third party participates in a discussion with the disputing countries and also makes its
own suggestions or proposals to resolve the dispute, this is called mediation. Mediation requires
the active participation of the third country in the negotiations, but the proposals of the mediator
are not binding and the parties are free to accept or reject or change them. Articles 34 and 35 of
the Statute also provide for collective mediation by the United Nations when a situation occurs
that can lead to international disputes.
(4) International Commission of Inquiry
Inquiry is also a method often used to resolve disputes. It can be noted that this is not an
independent method and is often used in conjunction with other methods. The main purpose of
the investigation is to investigate the relevant circumstances in order to find out the facts that
may contain the final solution of the problem. For example, commissions of inquiry are often
appointed to resolve boundary disputes. The Commission determines the facts after
investigating the relevant facts. The First Convention of the Hague Conference of 1899
proposed the creation of an International Commission of Inquiry to investigate international
disputes not related to honor or vital interest and involving actual circumstances, to establish the
facts and dispel the ignorance that ultimately leads to hostilities. The Conference provided that
such a commission can be established by special agreement between the parties, the members of
such commissions are appointed according to the system presented in Article 32 of the
Convention on the Appointment of Members of the Arbitration Court.
(5) Conciliation
When a dispute is referred to a Commission of persons to investigate the basis of dispute and to
make a report containing proposals for settlement after finding out the facts, this process is
known as conciliation. Such proposals have no binding force on the parties to the dispute.
According to Hudson, "Conciliation is a process of formulating proposals of settlement after an
investigation of the facts and an effort to Reconcile opposing contentions, the parties to the
dispute being left free to accept or reject the proposals formulated."
The term implies various methods adopted by the third party to amicably settle the dispute
between two or more States. It involves the formulation of proposals for settlement after an

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investigation of the facts. The dispute may be referred to a Commission for the favor of
proposals to the parties for the settlement.
(6) Arbitration
Arbitration is the most important method of settling International disputes (disputes) by amicable
means. According to Lawrence, " Its value resides in its judicial or quasi-judicial character. It
signifies the reference of the dispute to an individual, or small groups of individuals, to whom
the parties state their respective cases, and whose decision they are in honor bound to obey, and
in fact have always obeyed, the only instance to the contrary being due to the fact that the
arbitrator had exceeded his powers... When a dispute is submitted to arbitration, the matter takes
on the semblance of a trial before a Court ". States are however under no obligation to submit
their dispute to arbitration unless they have bound themselves beforehand by a Treaty. But once
they have referred the matter to arbitration, disregarding the award means a breach of promise
and the award is final, unless it is vitiated by fraud, collusion and the like, or the arbitrator, as
pointed out above, has exceeded his powers.

D. MACHINERY OF THE UNITED NATIONS ORGANIZATION

According to Article 2 para, 3 of the United Nations General Assembly and the Security Council
have been empowered to discharge certain functions in this regard.
i) General Assembly:
General assembly may make a recommendation after the discussion to the disputant parties
under Article 14 of The United Nations Charter. Thus the assembly has a general power for the
peaceful settlement of the dispute. The general assembly has been insisting from time to time, to
the disputant parties to settle their disputes peacefully.
ii) Security Council:
Under Article 24 para 1 of the United Nations Charter, maintenance of International Peace and
Security is the responsibility of the Security Council. Charter provides various modes by which
the council settles the dispute which is likely to endanger international peace and security. The
Security Council can take the following Action to settle disputes.
(a) Investigation of the Disputes
(b) recommendation for appropriate procedure or methods of adjustment
(c) recommendation for the terms of the settlement.