INTERNATIONAL LEGAL MEANS FOR RESOLVING INTERNATIONAL DISPUTES

Answer the questions.

1) Does in diplomatic practice the term " international disputes" refer to the most diverse conflict situations among States?

2) What are the types of disputes?

3) Which organ of The UN has the right to recommend an ap­propriate procedure or methods for resolving the dispute?

4) Does any dispute cause harm to peaceful relations and to cooperation among States?

5) Are politics and law very closely intertwined in international relations?

6) What does the analysis of the practice of international courts and courts of arbitration indicate?

7) What does article 36 of the Statute of the International Court of Justice state?

8) List peaceful means for resolving international disputes.

 

Read the following texts and give opposites for the highlighted words.

Direct Negotiation

Direct negotiation is a principal means of the peaceful settlement of disputes among States. The majority of issues including disputes that emerge among States are resolved through negotiation. The nego­tiation consists in a direct contact between the opposing sides in order to clarify each other's position, and the actual circumstances involved, and to achieve an agreement.

In international acts, the negotiation is the chief peaceful means of settling international disputes.

The advantage of negotiation lies in that it establishes direct contact between the parties to the dispute and limit the possibility of interference by other States. Negotiation is also characterized by simplicity of organization and functioning.

Direct negotiations are those in which only those who are parties to a dispute participate, regardless of their number. They may be carried out through normal diplomatic channels or at specially convened conferences. A written form is also possible, including exchanges of documentation and telegrams. Negotiations take place at various levels. Today negotiations at the summit level have become particularly significant. The results of negotiations are embodied in international documents which may be only political or else political legal in character. An example of the former are joint communiques or declarations, while an example of the latter is an agreement or protocol.

Negotiations must be conducted with the participation of all the subjects of international law who have the right to take part. Negotiations must be carried out in good faith, i.e. honestly and on the basis of equal respect for the legitimate rights and interests of all the participants. Having entered into negotiations, the participants are obliged to refrain from actions that could impede the settlement of the dispute.

International Conciliation

International conciliation plays an auxiliary role in relation to direct negotiation. Its essence lies in assisting parties to conduct a negotiation and achieve an agreement. The principal types of international conciliation are: good offices, mediation, commissions of inquiry, and commissions of conciliation.

 

Good offices

These consist in providing assistance to parties to the dispute in establishing direct contact and organizing direct negotiations. This completes the functions of the party providing good offices, but with the consent of the parties involved, it may be present at the negotiation.

Mediation

This refers to the active participation by a mediator in negotia­tions, including the submission of proposals concerning individual aspects of the issue, or else concerning the dispute as a whole. However, a final decision is taken only by the parties to the dispute through mutual consent.

Good offices and mediation may be provided by a State that is not a party to the dispute, by an international official or by private persons. In order that these functions may be carried out, the consent of the parties to the dispute must be given.

Good offices and mediation may be provided at the initiative either of the parties to the dispute, or of those who propose the offices. However, in order to carry out mediation, the preliminary consent of all the parties to the dispute is required. As an active participant in the negotiation, the mediator has considerable opportunities to influence their course and outcome.

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