Peaceful settlement of disputes under the UN system
Introduction
Peaceful
settlement of international disputes is a fundamental principle of
international law of a peremptory character. It is formulated as such in the UN
Charter (Article 2.3), and developed in UNGA Resolution 2625 (XXV) on
Principles of International Law concerning Friendly Relations and Co-operation
among States. The origins of this principle can be traced back to the first
Hague Peace Conference in 1899, which produced a Convention for the Pacific
Settlement of International Disputes. The second Hague Peace Conference, in
1907, yielded another Convention for the Pacific Settlement of International
Disputes. Within the League of Nations’ Covenant, this commitment to pacific
dispute settlement was reinforced by a moratorium on the use of force. The states’
obligation to resolve their differences by pacific methods gained all its
significance when the prohibition of the use of force was eventually formulated
in article 2.4 of the United Nations Charter (Article 2.3; Article 33). (ICJ,
Judgment, 27 June 1986, Military and Paramilitary Activities in and against
Nicaragua, Rec. 1986, p. 145, par. 290, stating that the principle that the
parties to any dispute should seek a solution by peaceful means is
complementary to the principles of a prohibitive nature).
On the basis
of this principle, Article 33 of the UN Charter presents a non-exhaustive list
of pacific methods for dispute settlement, including negotiation, inquiry,
mediation, conciliation, arbitration, judicial settlement, and resort to
regional arrangements. As established in UN Charter, Article 37.1, should the
parties’ efforts to solve their dispute fail, they fall under the obligation to
refer it to the Security Council. Traditionally, within the field of peaceful
settlement of disputes, much of the international law scholarship’s attention
has revolved around binding methods for pacific settlement. Less attention has
been devoted to diplomatic means of settlement. Nevertheless, international
lawyers have acknowledged that nonbinding dispute settlement methods are worth
being examined as a source of interstate practice. The states’ action in this
field can be presented as a benchmark for the interpretation of some
international rules, and even as a driver for the transformation of
international law. This entry is exclusively concerned with the analysis of
diplomatic/ nonbinding means for peaceful settlement of international disputes.
Monographs and Collected Volumes
A
considerable number of monographs and collected volumes are devoted to the
analysis of peaceful settlement of international disputes. Tanaka 2018 offers
a general overview of peace settlement under contemporary international
law. Boisson de Chazournes, et al. 2012 provides an analysis of the
interaction between diplomatic and judicial means in selected areas, such as
international trade law or human rights, among others. In particular, see
chapter 14 on the relationship between diplomatic and judicial means of dispute
settlement. Merrills 2005 is a book that can be used as a manual on
dispute settlement. This text offers a broad survey of international dispute
settlement, combining theory with references to more than one hundred cases and
agreements. Chapter 18 in Remiro Brotóns, et al. 2007 offers an
overview of the methods for peaceful settlement, focusing on the principles of
free choice of means and the duty to solve conflicts peacefully. Dahlitz
1999 is a collected volume in which chapter 3 on the difficulties of
diplomacy is of particular interest. O’Connell 2003 offers a
collection of pivotal essays in the field that had already been published in
other volumes or scientific journals. Collier and Lowe 1999 provides
a broad survey of the field, with more attention given to the analysis of
binding dispute settlement. The authors examine not only interstate disputes
but also disputes in which private parties are involved. Caflish 2002, a
course at the Hague International Law Academy, presents an insightful survey of
peaceful settlement of differences between states in the last century. Oellers-Frahm
and Zimmermann 2001 is a text that can be used as a solid basis for any
course on international dispute resolution. And last but not least, the
UN Handbook on the Peaceful Settlement of Disputes between States (United
Nations 1992), although based on a limited concept of dispute, is still a must
for anyone who wants to approach this field.
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