International Disputes Research Articles

Book review: Multi-Tier Approaches to the Resolution of International Disputes: A Global and Comparative Study by A Reyes and W Gu

Book review: <i>Multi-Tier Approaches to the Resolution of International Disputes: A Global and Comparative Study</i> by A Reyes and W Gu

Dopuszczalność wojny w myśli chrześcijańskiej. Refleksja polemologiczna

Aim: The article aims to conduct a multifaceted analysis regarding the permissibility of war in Christian thought within the context of contemporary security, attempting to answer questions such as whether Christians should condemn wars as incompatible with God's law and Christian morality, or if there are situations where war becomes a necessity. What stance should Christians adopt towards war itself? Methods: The article employs an analytical-synthetic method. Analyzing the content of the issues allowed for breaking down the components into parts, examining each separately. Meanwhile, synthesis brought these elements together into a new whole, providing a holistic approach. As a result, this facilitated drawing general conclusions based on acknowledged specific assertions. Results: Reflection on the addressed issues indicates that a pivotal concern in today's world is the reality of the danger of war and the pursuit of maintaining peace. Christian teachings unequivocally state that every possible effort should be made to put an end to wars. Despite the idea of just war and the right to legitimate defense remaining unchanged, this cannot exempt individuals from the obligation to act in favor of peace. This is exceedingly challenging since wars cannot be avoided by mere desires. It should be the duty of a Christian to vehemently protest against tendencies leading to war. Additionally, there should be a search for and discovery of new peaceful means to resolve international disputes. Conclusion: The phenomenon of war and peace is deliberated upon in most publications addressing contemporary civilization's problems, nature, and future. It also finds a place in polemological reflection. Thus far, within the domain of contemporary polemological thought, Catholic reflection deserves distinction. It holds the greatest contribution to the analysis of war and peace issues, especially since the Second Vatican Council and the pontificate of John XXIII. Christians believe that war is a manifestation of disorder existing in the world. They are convinced that in the face of war, they cannot remain indifferent and should react to injustice and suffering primarily affecting civilian populations. Presently, Catholics firmly reject war to solve any international problems. Originality: This work fills a specific gap in an exceedingly interesting area of scientific exploration, providing significant suggestions and conclusions based on the author's analysis and assessments. Keyword: security, peace, war, Catholicism, religion, Christian concept of just war

Political Disputes in the Structure of A. Solzhenitsyn’s novel “In the First Circle”

The article is devoted to the analysis of socio-political discussions in A. Solzhenitsyn’s novel “In the First Circle”. The “playwriting” of dialogues and polylogues on political topics has received an original compositional embodiment here and is based on the mobile, acutely conflicting interaction of various speech flows. Political disputes acquire a moral and philosophical dimension in the work, push the interlocutors to historical assessments and prophecies about the future social structure. Episodes of situational mass disputes are combined with individualized, lengthy and conceptually rich discussions, which often have their own compositional preliminaries and “afterwords”. The article examines in detail the substantive and rhetorical aspects of conversations and clashes involving Rubin, Nerzhin, Sologdin, Gerasimovich, pays attention to uncle Avenir’s political strategies, internal disputes, the evolution of Volodin’s social views, the positions of Galakhov, Radovich, Clara Makarygina. Paradoxically, it is the prisoners’ disputes that show in the novel the highest level of moral, intellectual, and political freedom, unthinkable for the social climate of the Stalinist decades. In the structure of the novel, explicit political battles and hidden, forcibly suppressed social differences form a holistic, branched macro-plot in which, despite the pressure of the totalitarian system, individual and collective social reflection continues to pulsate.

Harmonizing Arbitration: Clarity, Consistency, and Consent in the Application of Ex Aequo Et Bono

This article delves into the intricate dynamics surrounding the application of the ex aequo et bono principle in arbitration, addressing concerns arising from potential procedural challenges and deviations from justice principles amid the escalating popularity of arbitration. The study intricately navigates the legal complexities of this principle, centering on the interpretation of Article 56 of Law 30/1999. Specifically, it scrutinizes whether the article mandates parties' consent for the arbitrator to decide based on ex aequo et bono. Employing a normative legal research approach and utilizing legal hermeneutics with a structuralist focus, the research analyzes the interplay of written agreements, tacit understandings, and standard practices in arbitration. The article underscores the critical role of precise protocols and unequivocal agreements in safeguarding the integrity and effectiveness of the arbitration process. It highlights the paramount need for clarity and consistency in legal provisions, advocating for collaborative efforts between legal authorities and arbitration institutions. This collaboration is essential for aligning statutory provisions and arbitration rules, ultimately fortifying a robust and dependable framework for the equitable resolution of conflicts. In conclusion, the article calls for a harmonized approach to address inconsistencies, enhance the legitimacy of arbitration decisions, and foster trust in the arbitration process. By exploring these challenges, the article contributes to the ongoing discourse of optimizing arbitration as a fair and efficient means of resolving international disputes.

In Search of Status: China and the USA in United Nations Speeches, 1970–2020

Abstract What is China’s status? The answer has major repercussions for China’s rights, responsibilities, and risk acceptance in international disputes. Although definitions of status are contested, there is broad agreement that it is socially constructed and relative to peer states, which makes measuring it difficult. We aim to address definitional and measurement problems by using text as data from United Nations General Debates speeches, 1970–2020. This allows one to see the language China uses to refer to itself, the language by which others refer to China, and how that compares to the USA. Contrary to conventional wisdom, we find that China is not more status obsessed than its peer, is not more status obsessed over time, and is not gaining in status over time. The implications for world politics are complex but suggest that status will not be a primary cause of conflict in the foreseeable future.

TOWARDS INSTITUTIONALIZING INTERNATIONAL MEDIATION

The obligation to settle international disputes through peaceful means is one of the most fundamental principles of international relations. A variety of dispute resolution mechanisms are at the disposal of states to resolve international disputes. Mediation is undoubtedly one of the most effective dispute-resolution means. However, unlike arbitration and adjudication, there is a lack of consistency in mediation approaches and standards of practice. A careful analysis of international disputes resolved in contemporary history reveals that the facilitators who purport to be mediators do not always comply with fundamental principles of mediation, namely independence, impartiality, and neutrality. This article calls for the institutionalization of international mediation through a permanent independent entity. It argues that institutionalizing mediation is the only way to achieve a reasonable degree of standardization of mediation practices and approaches. The proposed institutionalization will inevitably make mediation more accessible to disputing parties, resulting in a greater number of conflicts being settled through mediation. Institutionalization will also promote research and academic literature in international mediation, bringing about further professionalization of the field. The first part of this article draws a distinction between judicial dispute resolution mechanisms and diplomatic dispute resolution mechanisms, including mediation, which continues to evolve in an organic and unsystematic manner. The second part explores well-known international conflicts that have been successfully or unsuccessfully mediated by prominent individuals, namely the Secretary-General of the United Nations, Heads of state, religious leaders, and other dignitaries. The third and last part of the article makes a case that the UN, states, international organizations, religious leaders, and other prominent individuals are rarely, if ever, suitable mediators because they are not independent, impartial, or neutral for a variety of reasons. The logical conclusion to which the analysis leads is that it is high time to institutionalize international mediation by establishing a permanent independent entity entrusted with mediating international disputes.

Analysis of International Disputes over Digital Services Tax and Exploration of China’s Approach

With the continuous emergence of emerging information technologies, the digital economy is developing rapidly around the world. The global operations of multinational digital enterprises no longer rely on physical presence. The effectiveness of permanent establishment rules based on the traditional real economy settings has been questioned by market countries, which actively participate in Market countries where digital business value is created do not receive corresponding taxation rights. Multinational digital companies take advantage of loopholes in digital platforms and current tax rules to actively carry out tax planning, resulting in digital companies’ global tax burden being much lower than that of traditional companies. Tax sources cannot be fairly and reasonably distributed in the places where value is created and profits are taxed, which harms the tax interests of market countries. Against the background of slow progress in the OECD global unified solution, as a temporary unilateral measure to address the challenges of the digital economy, some countries have taken the lead in imposing digital service taxes on specific digital businesses of digital enterprises. On the basis of discussing the relevant concepts and theories of digital service tax, this article discusses the relevant concepts and theories of digital service tax, and analyzes the international development of digital service tax and the positions of various countries around the world. Further analyze the impact of digital service tax collection from three aspects: national fiscal revenue, tax trade disputes and international tax order coordination, and analyze the impact of digital service tax on digital enterprises. Then the perspective is focused on my country, sorting out and summarizing my country's relevant digital economy tax policies, and analyzing the impact of digital service tax on my country in the near term and long term based on the development of my country's digital economy. Finally, based on the previous comparative analysis and impact analysis, my country's tax system for promoting the development of the digital economy has gradually improved and actively participated in the reshaping of international tax rules, and my country's response strategies under the digital service tax have been proposed. The different levels of digital economic development between China and countries that have levied digital service taxes will inevitably lead to disharmony in the international tax order. The study found that the fiscal revenue brought by digital service tax is limited and has a certain degree of distortion effect. It is necessary to actively participate in international cooperation and make China's voice heard before reaching a consensus on international tax rules. In the long term, we should focus on the connection between the two-pillar plan and the domestic tax system, strengthen tax information exchange, improve the domestic digital tax rule system, and promote the healthy and sustainable development of my country's digital economy.

Peaceful Settlement of International Disputes

Disputes (disagreements) between States are an evitable part of international relations and have frequently led to armed conflicts. Under Article 2/3 of the UN Charter, all member States are obliged to settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endanger. It is a natural corollary to the obligation of States to refrain from the threat or use of force as enshrined in Article 2/4 of the Charter of the United Nations, The maintenance of international peace and security has always been the major purpose of the International Law. It was the basic objective behind the creation of the League of Nations in 1919 and the United Nations in 1945. Since the direct cause of war and violence is always a dispute between States, it is therefore in the interest of peace and security that disputes should be settled. Methods and procedures for the peaceful (pacific) settlement of disputes have been made available in the International Law. The methods of peaceful settlement of dispute can be classified into three principal categories: diplomatic, adjudicative, and institutional methodologies

The Impact of the Dispute over the Rule of Law in Poland on the Status of Normative Power Europe

The central claim of the paper is that the European Union, understood through the concept of Normative Power Europe, is a sui generis global actor that will not be successful in achieving its international goals unless it upholds its foundational values at home. Internal disputes among Member States over fundamental and core values weaken the organisation’s international standing, which may lead to the risk of the European Union losing its comparative strength that differentiates it from other global powers and that gives it a unique place in international politics. This is particularly important in the times of constant change in global politics and new security, political and economic challenges, such as the role of China, democratic backsliding in the Global South countries and the Russian aggression against Ukraine. All these call for a strong and effective European Union, which, we argue, will not be possible, unless the organisation is able to keep internal disputes at check by ensuring compliance with the values it is based on. Based the case study of Poland, the paper demonstrates that it may be difficult, if not impossible, for the European Union to effectively uphold the respect for its fundamental norms, principles and standards among its members. This in turn will impede the Normative Power Europe status.

Domestic Measures Adopted by States to Give Effect to Processes of International Dispute Settlement: “Treaties Establishing Dispute Settlement Frameworks” - Volume 1

Domestic Measures Adopted by States to Give Effect to Processes of International Dispute Settlement: “Treaties Establishing Dispute Settlement Frameworks” - Volume 1

Settlement of International Disputes

Settlement of International Disputes

The role of culture in international commercial arbitration

International commercial arbitration is the primary mean for settling international disputes of a business nature. Because of its very structure, this procedure happens across borders and, needlessly to say, cultures. As a consequence highly technical nature of international commercial arbitration, the debate about “culture” in this field has adopted a fairly narrow approach, and is generally limited to issues relating to clashes of different procedural styles and models (e. g. the discovery of evidence, which is very different in Common Law and Civil Law jurisdictions), studies about the arbitration community itself (a still quite small and tightly-knit group of professionals), or to the arbitration-friendliness of a given country. Yet, the definition of “cultural issues” in international commercial arbitration should be addressed from a much broader perspective. This article intends to fill this gap, by tackling questions related to “law and culture” in arbitration under three possible patterns: issues affecting the arbitrator, issues relating to the applicable law, and issues relevant for the arbitration procedure.

Domestic Measures Adopted by States to Give Effect to Processes of International Dispute Settlement: “International and Regional Courts and Tribunals” - Volume II

Domestic Measures Adopted by States to Give Effect to Processes of International Dispute Settlement: “International and Regional Courts and Tribunals” - Volume II

Assessment of Stakeholder Options to Participate in Disputes Over Seabed Mining

Exploitative mining in the deep seas is coming, and with it will arrive a new wave of international disputes. Numerous stakeholders will be interested in these disputes, such as those seeking to profit from exploitative mining activity; developing states seeking to benefit from equitable sharing of wealth and lessons learned; and environmentalists all over the world worried about environmental catastrophes that could result from such activity. Stakeholders include the mining contractor, the sponsoring state of the contractor, the International Seabed Authority (ISA) created by the UN Convention on the Law of the Sea (UNCLOS) to control mining activity in the deep seas, states (both states parties to UNCLOS and those that are not) and affected communities, which includes Indigenous peoples and climate activists. However, the dispute settlement system of UNCLOS treats these different stakeholders unequally in terms of whether they may be parties to a dispute proceeding and, if so, what claims they may bring. Unsurprisingly, the system excludes non-states parties and non-state entities (apart from the International Seabed Authority and the contractor), such as Indigenous peoples and climate activists, from serving as parties (claimant or respondent) to a dispute. This essay explores the limited ways in which excluded stakeholders nonetheless may be able to participate in a dispute initiated under UNCLOS. Specifically, they may serve as witnesses, experts, or amicus curiae in proceedings before the International Tribunal for the Law of the Sea (ITLOS), the Seabed Disputes Chamber, or a commercial arbitral tribunal. This essay also advocates for the ISA to establish administrative processes for ongoing monitoring and whistleblower complaints. Such processes would allow excluded stakeholders to submit relevant evidence and information that could—and should—be used in any formal dispute settlement processes initiated by those stakeholders who enjoy direct participatory rights.

From “compassionate conservatism” champion to Thatcher 2.0: Storytelling, ethos building and the evolution of Tory leadership (2005-2022)

When he became leader of the Conservative Party in 2005, David Cameron’s ambition was to change the negative image of his party. After years of internal disputes over Europe, immigration or gay rights, Cameron wanted to shake off the “Nasty Party” label that was hanging around the neck of his political organisation. This makeover process amounted to what some political scientists defined as the “decontamination of the Conservative brand”, and Cameron was meant to embody the new direction. In a similar vein, when she replaced Cameron, Theresa May tried to create the image of a healer who would mend the divisions caused by the Brexit referendum. Boris Johnson seems to have ignited another kind of leadership, more confrontational and aggressive, and perhaps more in tune with the legacy of Margaret Thatcher. Liz Truss, who took over from Johnson, did not seek to move away from this new – or rather traditional – path, as she repeatedly tried to emulate the heritage – and the political image – of the Iron Lady.This article proposes to study the evolution of Tory leadership, from 2005 to 2022, in order to assess whether Johnson’s mandate marks a clear break from his direct predecessors, Cameron and May, who seemed to have favoured One-Nation, compassionate conservatism, in direct opposition to the Thatcher years. To reach this objective, we will examine how recent Conservative leaders (Cameron, May, Johnson and Truss) used storytelling to build their ethos and reinforce their leadership, in their annual Conference keynote speeches.

THE ROLE OF MEDIATION IN RESOLVING NATIONAL AND INTERNATIONAL DISPUTES: PAST, PRESENT AND FUTURE.

International conflicts are a natural part of the world, resulting from a variety of political, economic, and social issues. Such disputes emerge in the international regime for a variety of reasons. Conventional conflict resolution techniques, including litigation and arbitration, can involve drawn-out processes and combative exchanges, which might make tensions between parties worse. On the other hand, mediation provides a cooperative and adaptable method that promotes fruitful discussion and win-win solutions. This article explores the function of mediation as a method of settling international disputes, looking at how it is used in various legal systems and the difficulties it encounters in India.

Deklarasi Anies - Muhaimin dan Konflik Ideologi NU Versus PKS di Pentas Politik Nasional

The conflict between NU and PKS is an ideological battle rooted in political competition, notably surrounding the 2024 presidential election. Escalating tensions involve Nasdem's support for Anies Baswedan and PKS's selection of Muhaimin Iskandar as vice-presidential candidate. NU figures derisively depict the Anies-Muhaimin pair, backed by PKS, as Wahhabi groups associated with the Muslim Brotherhood. Utilizing power cube theory and Gramsci's hegemony, this research analyzes the conflict, revealing internal disputes within PKB across various power layers. The conflict extends nationally and internationally, involving key figures and transnational issues. However, attacks on the Anies-Muhaimin coalition rely on outdated narratives. NU's actions, stemming from Gus Dur's legacy, are influenced by political factors and personal interests. Hidden conflicts between NU and Muhammadiyah are also pivotal. The author suggests NU cadre unity, resolving longstanding conflicts, and Islamic party unity to confront perceived nepotism, secularism, and oligarchic favoritism in the regime.

Deklarasi Anies - Muhaimin dan Konflik Ideologi NU Versus PKS di Pentas Politik Nasional

The conflict between NU and PKS is an ideological battle rooted in political competition, notably surrounding the 2024 presidential election. Escalating tensions involve Nasdem's support for Anies Baswedan and PKS's selection of Muhaimin Iskandar as vice-presidential candidate. NU figures derisively depict the Anies-Muhaimin pair, backed by PKS, as Wahhabi groups associated with the Muslim Brotherhood. Utilizing power cube theory and Gramsci's hegemony, this research analyzes the conflict, revealing internal disputes within PKB across various power layers. The conflict extends nationally and internationally, involving key figures and transnational issues. However, attacks on the Anies-Muhaimin coalition rely on outdated narratives. NU's actions, stemming from Gus Dur's legacy, are influenced by political factors and personal interests. Hidden conflicts between NU and Muhammadiyah are also pivotal. The author suggests NU cadre unity, resolving longstanding conflicts, and Islamic party unity to confront perceived nepotism, secularism, and oligarchic favoritism in the regime.

Looking Around: Should Thailand Promote Mediation Effectiveness and How?

Mediation as a form of alternative dispute resolution has many advantages compared to other dispute resolution methods, especially those of adjudicatory nature, such as litigation and arbitration. Thailand and Singapore share a similar policy of advocating the practice of mediation. That said, Thailand seems to focus principally on domestic mediation, while Singapore tends to position itself as a mediation hub for international disputes. In terms of the legal framework, both countries have enacted legislation and regulations that endorse, effectuate, and facilitate mediation. In both jurisdictions, these laws and regulations aim to uphold the principle of party autonomy, provide the necessary support, create a mediation-friendly climate, maintain the integrity of the process, and ensure the enforceability of valid mediated settlement agreements. This article, which is intended to be descriptive, discusses some important concepts and characteristics of mediation and explores the legal frameworks of mediation in Thailand and Singapore, as well as both countries’ experiences in dealing with this non-adversarial dispute settlement mechanism.

Turkiye – Sudan Relations in Post-Bashir Era

The aim of this study is to scrutinize the diplomatic relations between Turkiye and Sudan post the era of Omar al-Bashir. Historical relations between the Republic of Turkiye, established in 1923 as the successor to the Ottoman Empire, and Sudan have had a positive impact in contemporary times across political, economic, socio-cultural, and security domains. While the relations during the Republican era were relatively limited when Sudan gained independence from Britain, they saw a significant improvement with the administration of Omar al-Bashir and Hasan al-Turabi, who came to power in 1989. Following Turkiye's declaration of "Africa Year" in 2005, Sudan emerged as a prominent country in Ankara's Sub-Saharan Africa policy. Particularly, the African Opening Action Plan initiated in 1998 and the deepening of policies by AK Party governments strengthened relations with Sudan. However, following the overthrow of Omar al-Bashir in 2019, transitional periods and political crises in Sudan have adversely affected Turkiye – Sudan relations. This study will address these relations during this period, initially focusing on political, economic, security, and socio-cultural parameters. Subsequently, the study will examine the causes of the crisis in Sudan and the trajectory of the relations. Findings from the post-Bashir era indicate that despite challenges, the relations between the two countries have endured. Nevertheless, the escalation of internal disputes in Sudan into conflicts casts uncertainty on the future of these relations.