Disputes, tensions and conflicts are present in all spheres of human
society, either at the national, regional, or international level. Therefore,
international law requires peaceful methods for dispute settlement and somehow
it becomes an imperative in international relations.
From a legal point of view, the dispute settlement in international law
creates an obligation for states to settle their disputes in accordance with
the international law by using the peaceful means and mechanisms. They can
choose between diplomatic, judicial and institutional means. Such means include
legally binding and non-binding mechanisms: negotiation, good offices and
conciliation (as diplomatic means and non-binding third party facilitation);
intervention of an international or regional organization and its bodies or
representatives (as an institutional mechanism), and legally-binding mechanisms
such as arbitration and international adjudication (as judicial means).
Although there is a specific obligation for the states to settle their disputes
through peaceful means, they are also free to choose the most suitable peaceful
mechanism for their dispute.
The distinction between the diplomatic and judicial means is related to
the difference between two categories of disputes: legal and political. The
legal disputes are more related to judicial means of settlement, within the international
law. Political disputes use diplomatic channels and political principles
instead of international law in order to settle disputes. The diplomatic means
are characterized by the lack of binding effect to any conclusion and taking
into account all relevant circumstances. By their nature they are less
ambiguous compared to judicial means. Arbitration as judicial mean is optional,
more flexible and adapted to the objectives of the states. Its conclusions have
binding effect. The International Court of Justice and its proceedings are also
binding, more rigid, less flexible and take only legal aspects as relevant.
States are not always willing to make conciliation in terms of dispute
settlement, mostly due to national interests and sovereignty. When states need
to choose among these various means, they have to take into consideration their
mutual relations and the nature of their dispute.
Nowadays, inter-states disputes are real problems in maintaining
stability and promoting peaceful relations between states. Consequently, the
aim of this paper is to identify the peaceful means and delicate techniques
known in the international law and to distinguish their advantages and
disadvantages and how states can apply them in order to reach an acceptable and
reasonable solution and reduce the risk of new disputes and conflicts between them
|Yayımlanma Tarihi||30 Nisan 2017|
|Gönderilme Tarihi||6 Şubat 2017|
|Yayımlandığı Sayı||Yıl 2017Cilt: 3 Sayı: 7|