Inter-State Human Rights Disputes

Abstract

Abstract This paper maps the factors that States consider when deciding whether to raise inter-State disputes to an international dispute resolution body. It focuses particularly on these factors in the context of human rights disputes, including whether such disputes will be brought before the mechanisms provided for under the universal human rights treaties, and notably conciliation commissions. While traditionally negotiation has been seen as the most appropriate way to resolve inter-State disputes, there are times that human rights disputes may benefit from a different approach. It discusses (i) the general trend to negotiate or mediate disputes; (ii) the importance of taking a contextual perspective; (iii) the patchwork of international norms; (iv) key legal and factual considerations; (v) choice of mechanism/process; and (vi) palatability of the potential dispute resolution options. The paper concludes by providing a roadmap for States deciding whether to commence an international dispute and which forum to choose.