Peaceful Settlement Of Disputes Research Articles

Dispute Settlement Mechanisms in International Agreements of the European Union

This article attempts a systematisation of the types of dispute settlement mechanisms in EU international agreements, and it comments upon their most salient features from the perspective of EU law. All EU dispute settlement is peaceful dispute settlement. Within this type of dispute settlement, several categories can be distinguished: some EU international agreements contain no dispute settlement clause; some allow for the imposition of coercive measures such as sanctions; and most foresee the recourse to judicial or quasi-judicial avenues. In addition to judicial avenues in an independent court, EU international agreements in fact also include ‘softer’ mechanisms for consultation, mediation, or cooperation whereby the parties endeavour to reach a mutually agreed solution for solving any dispute before recurring to judicial avenues. This article suggests possible taxonomies of judicial or quasi-judicial mechanisms based on the body in charge of setting the dispute, on the procedure and on the subject matter, and it identifies common patterns in the inclusion of these forms of dispute settlement in EU international agreements.

INTERNATIONAL LAW AND THE PEACEFUL SETTLEMENT OF DISPUTES

International law functions principally in maintaining the fabric of international relations, which reflects the overriding desire by states to resort to a supra-national power of legal mechanisms to resolve disputes that may arise among them on territorial claims without force and in a peaceful manner. The United Nations (UN), its Security Council, and its judicial organ - the International Court of Justice (ICJ) - were established after the Second World War primarily to achieve international peace and security. Consequently, the Constitutive Charter of the UN placed an obligation on member-states to resolve all disputes in a peaceful manner which was ostensibly geared towards forestalling the occurrence of another world war. Under the auspices of the UN, the world has achieved a comprehensive body of international law and dispute resolution mechanisms, some of which have helped to resolve disputes that would have otherwise threatened international peace and security. Despite this, scholars have paid less attention to how international law and the implementing agencies of the UN have contributed to global dispute settlement. This paper examines the significance of international law and its implementing agencies in the peaceful settlement of disputes. We argue that international law and its implementation agencies provide an effective framework for peaceful dispute settlement among nations, promoting global security and cooperation.

Inter-State Communications before UN Human Rights Treaty Bodies: Testing the Waters for Collective Communications

Abstract The awakening of inter-state communications with the first ever three cases before the Committee on the Elimination of Racial Discrimination in 2018 has inspired new avenues of research about their potential and shortfalls. This article opens a new line of exploration, considering the mechanism’s potential as an avenue for collective action at a time when many States are responding to violations of international law, even when not directly affected by those violations. Those responses have included massive third-party interventions (Ukraine v Russia), and the initiation of proceedings before the icj by States not directly injured (The Gambia v Myanmar, Canada and the Netherlands v Syrian Arab Republic, South Africa v Israel). This article argues that enabling collective inter-state communications before UN treaty bodies could strengthen the mechanism as an avenue for treaty compliance and the protection of human rights, and for amplifying sovereign voices as part of peaceful dispute settlement processes.

Regional Imaginations of Peace: The Work of the Rio Committee and the Antecedents of the Pact of Bogota (1942–1947)

Abstract This contribution re-describes the work of the Rio Committee in international law concerning dispute settlement in the Americas between 1942 and 1947. The work of the Rio Committee constitutes a crucial doctrinal and institutional experience that underpins the fundamental transformations experienced in Pan-Americanism considering the meeting of the Ninth International Conference of American States in Bogota, Colombia, in 1948, which led to the creation of the Organization of the American States. As an antecedent to the adoption of the Pact of Bogota in 1948, the doctrinal work of the Rio Committee and its draft treaties allow for a substantive interrogation of the complex relationship between regionalism and universalism in international law. More specifically, this article assesses the ways in which mechanisms of peaceful settlement of disputes in the Americas were accommodated under the universal legal framework of the United Nations, opening space for regional cooperation to continue evolving in the continent.

The competence of the Security Council over situations or disputes arising from human rights violations by a state under Chapter VI of the United Nations Charter

AbstractThe peaceful settlement of disputes is one of the principles enumerated in the Charter of the United Nations, and the Security Council is entrusted with significant powers to achieve this goal. In today's world, accusations of human rights violations have become one of the primary challenges among nations in terms of upholding sovereignty. In accordance with the United Nations Charter, the Security Council may be called upon by the parties to a dispute, the General Assembly, or the Secretary-General, or it can act ex officio to seek a peaceful resolution or adjust a situation through peaceful means. If the Security Council determines that the situation or dispute in question may constitute a threat to international peace and security, it may invoke its powers under Chapter VI of the United Nations Charter. The purpose of this study is to examine the extent of the Security Council's competence and the powers it possesses when carrying out its conciliatory role in cases involving human rights violations by a Member State and conflicts that may arise regarding the interpretation and application of the United Nations Charter.

Role of legal rules in cooperation and peaceful settlement of disputes in transboundary river basin: interaction theory of law revisited

Abstract This article interrogates the misunderstanding about the inability of legal rules to influence relations between states in transboundary river basins. Building on the interactional theory of law, the author formulates three analytical frameworks for understanding the role of legal rules in the processes of cooperation and peaceful settlement of disputes in transboundary river basins. The article ultimately argues that law offers broader utility than previously envisaged to these processes. In conclusion, it teases out five such utilities of legal rules as demonstrated by four case studies in a broader study.

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

Kenya’s Peace Diplomacy in Eastern Africa: Regional Hegemon?

Kenya’s Peace Diplomacy in Eastern Africa: Regional Hegemon?

JUDICIAL MEDIATION IN CIVIL PROCEEDINGS REPUBLIC OF KAZAKHSTAN

The paper describes the main stages of the emergence, formation and development of judicial mediation in Kazakhstan civil proceedings. The legislation on judicial mediation and the practice of judicial mediation have been studied. The achievements of the judiciary in the settlement of disputes arising from various spheres of legal relations through conciliation procedures, including judicial and classical mediation, are noted. The socio-legal significance of conciliation procedures, which include elements forming the institution of restorative justice, is determined. The study of the conciliation procedure of judicial mediation allowed the authors to establish that today the assistance of courts, conciliation judges, retired judges to the peaceful settlement of disputes is an effective measure to reduce the level of conflict among the population and unloading of courts. Meanwhile, as judicial practice shows, the assistance of courts to the peaceful settlement of a dispute has a positive effect on increasing the level of legal culture of the population and its confidence in the judiciary. The authors show the consistency of judges, conciliatory judges, retired judges in the peaceful settlement of a dispute, the relevance of the conciliation procedure of judicial mediation in society. In the course of the research, normative legal acts regulating the procedure for the peaceful settlement of disputes, conceptual and strategic documents on the development and improvement of the national judicial system, pilot projects of the Supreme Court of the Republic of Kazakhstan on reconciliation in court, before court and outside court, statistical data of courts on conducting conciliation procedures were used.

THE ROLE OF INTERNATIONAL ORGANISATIONS IN THE DEVELOPMENT OF INTERNATIONAL LAW: AN ANALYTICAL ASSESSMENT OF THE UNITED NATIONS

International organisations play a vital role in shaping and implementing international norms and standards, contributing to the development of international law. This paper focuses on the United Nations (UN) as a prominent international organisation and examines its role in developing and implementing international law. Specialized entities within the UN, such as the International Court of Justice (ICJ), the United Nations General Assembly (UNGA), and the International Law Commission (ILC), have played significant roles in the development, codification, and implementation of international law. The UN serves as a platform for ongoing dialogue, identifies emerging challenges, formulates international legal and policy instruments, provides mechanisms for peaceful settlement of disputes, and collaborates with other international and regional organisations. However, this paper also acknowledges the inherent challenges and shortcomings of the UN and explores proposals for UN reform to address these issues, enhance its influence, and better fulfil its overarching purpose. Through an analytical assessment of the UN’s role and influence on international law, this paper aims to provide insights into the functioning of international organisations and their impact on shaping global legal norms.

Принципи як основа організації та забезпечення міжнародної екологічної безпеки

The article describes the current problems of international environmental security in the context of the systematic manifestation of the principles of its implementation, which justifies the need to consolidate the efforts of interstate environmental measures on the basis of sustainable and balanced development. The article examines prerequisites for the formation of the global environmental safety as an integral part of international relations and politics against the background of the long-term ecological crisis. Features of the global environmental safety and levels of its operation on a territorial basis are singled out and grounded. Attention is focused on transboundary character of the manifestation of most environmental threats and hazards, making it impossible for countries to overcome the consequences on their own. Emphasized are global threats and hazards that will determine areas of cooperation in the global environmental safety in the near future. Parity basis and principles of formation of global ecologically safe space are outlined. Considering the world experience of the implementation of forms and methods of economical use of natural resources and observance of safety of existence, directions of strategic planning of national environmental safety are suggested. It was determined that globalization processes on the planet increase the threat to humanity in the form of environmental hazards: destruction of the ozone layer of the atmosphere and manifestations of global climate change, pollution of the world ocean, civilizational confrontation between the Christian and Muslim world, the creation and functioning of a global terrorist network, the spread of nuclear, chemical, biological , geophysical, space, psychotropic, environmental weapons and technologies of mass destruction. The main mechanisms for the implementation of international environmental security should be considered interstate cooperation, the creation of mechanisms for effective international consulting, peaceful settlement of disputes, prevention of transboundary environmental pollution, scientific and technical cooperation, international responsibility for transboundary environmental damage, public control, and the involvement of international non-governmental and public organizations in emergency environmental situations It has been proven that the mechanisms of international environmental security during emergency situations require the consolidation of efforts of interstate environmental measures on the basis of sustainable and balanced development.

Legal grounds for implementing the institution of recourse to the mediation procedure and the use of other alternative methods of resolving tax and customs disputes

In the research it is emphasized that, in some states of the European Union EU, tax mediation is already used and considered not only as an alternative method of dispute resolution, but also as a method used to prevent the occurrence of a tax dispute in the future. Thus, on the basis of legal methods of scientific knowledge, such as: dialectical, logical-formal, comparative-legal, etc., the article examined modern approaches to the characterization of mediation as a procedure for peaceful settlement of disputes, paying attention to its characteristic features and differences from other forms of alternative dispute resolution. The state of legal regulation of the mediation procedure in public disputes in general, and in tax disputes in particular, using the example of Latvia and Ukraine, is highlighted. It is concluded that the necessary condition for carrying out mediation in public disputes should be enshrined in the administrative procedural legislation, not only the powers of state and municipal authorities to initiate mediation should be, in addition, to recognize such a decision in the form of an administrative contract, from which legal consequences with the character of public law are derived.

Российско-украинский конфликт и ОБСЕ: международно-правовой анализ

This article is devoted to the study of the OSCE's contribution to the peaceful settlement of the Russian-Ukrainian conflict and the identification of international legal problems underlying the ineffectiveness of OSCE efforts to resolve this conflict. The mediation activities of the OSCE within the framework of the Trilateral Contact Group were investigated, as well as the activities of this organization for peacekeeping within the framework of the Special Monitoring Mission in Ukraine. The author identified the international legal reasons for the low effectiveness of OSCE mediation and the inability of the parties to the conflict to resort to other procedures available within the OSCE for the peaceful settlement of disputes, such as the Valletta Mechanism, the Court of Conciliation and Arbitration, and others. The official position of the OSCE in relation to the Russian-Ukrainian war, which began on February 24, 2022, was also investigated.

Медиация и нотариат: опыт Франции и России

Mediation as a procedure for a peaceful settlement of disputes is gradually entering the legal life of many European countries. Mediation being in the “set” of conciliation procedures proposed by the state as an alternative to trial, as a friendly settlement of legal conflict, is developing in a priority order. One of the areas of development is the application of the procedure in notarial activity. The French notary achieved in this area certain results that are of interesting for study, analysis, and subsequent perception, taking into account Russian legal realities. A notary mediator, a notary who knows and accepts mediation as a way of resolving a dispute, a notarial intermediary is not only the names that are interesting for the theory of the civil process, bur they are notarial practices. The use of various aspects of mediation in notarial activity allows us to talk about the reality of the “union” between notaries and mediation, its organic character due to the similarity of the goal, objectives, principles of the notary and mediator. At the same time, attention is drawn to the presence of a number of problems that impede the active promotion of mediation into the sphere of notaries.

The OSCE system of peaceful settlement of disputes: international legal issues

The subject and purpose. The subject of this study is the international legal norms regulating the activities of the OSCE in the field of peaceful settlement of disputes. The purpose of the study is to identify the international legal reasons for the low effectiveness of the OSCE's activities for the peaceful settlement of disputes. Materials and methods. The study was conducted on the basis of: the main documents and decisions of the OSCE decision-making bodies; Russian and foreign legal literature, which highlights the issues of the research topic; as well as materials from news sites, especially materials from the official OSCE website. In the course of the research, such general scientific methods as analysis, synthesis, inductive method, system method and historical method were used, as well as such special methods of legal science as the formal legal method, the method of comparative legal analysis and the method of legal experimentation. Scientific novelty. The reasons why the OSCE participating States do not turn to the elements of this system to settle their disputes, for example, to resolve conflicts in Abkhazia, Transnistria, etc., were identified. A number of proposals were put forward to improve and optimize the OSCE's activities for the peaceful settlement of modern international conflicts. Discussion and conclusions. Despite the significant achievements of the OSCE in the peaceful settlement of conflicts, it can be argued that today the OSCE is becoming weaker, losing the successes achieved in the 1990s thanks to the efforts of leading politicians and international lawyers.

International Arbitration and the Roots of Women’s Foreign Policy Activism

AbstractAt first glance, international arbitration—a legalistic method for the peaceful settlement of disputes among nations—may seem like a topic belonging only to the formal, male-dominated realms of diplomacy and international law. Most men in the late nineteenth century certainly thought so, and many historians since have treated it as such. But prominent women like May Wright Sewall and Belva Lockwood, and mass organizations like the Woman’s Christian Temperance Union, took a lively interest in the subject in the 1890s. In that interest lay the roots of women’s foreign policy activism that led to their participation in debates over the War of 1898 and their peace efforts during and after World War I. International arbitration appealed to women because it complemented their better-known campaigns for temperance, suffrage, and other causes. As a more “civilized” method of resolving conflicts, arbitration was both a symbol of and a prerequisite for a more advanced, temperate, and equal society. It thus became a key component of women’s arguments for inclusion in the public and political life of the nation.

The mechanism for the prescription of provisional measures in disputes concerning the interpretation or application of the UN Convention on the Law of the Sea

The article reviews the prerequisites and circumstances of the UN Convention on the Law of the Sea development in the context of creating a system for resolving international maritime disputes. It was found that the adoption of the UN Convention on the Law of the Sea was the result of a complex political process and lengthy negotiations at the Third UN Conference on the Law of the Sea. One of the results of that Conference was the establishment of the International Tribunal for the Law of the Sea and the Seabed Disputes Chamber as a part of the Tribunal.After that, the article analyzes separate norms that form a compulsory dispute settlement system for disputes concerning the interpretation or application of the UN Convention on the Law of the Sea. It has been established that the basic principles of the dispute settlement system established by the UN Convention on the Law of the Sea are the principle of peaceful settlement of disputes and the principle of compulsory dispute settlement. Exceptions to the application of compulsory procedures for resolving disputes concerning the interpretation or application of the UN Convention on the Law of the Sea are considered.The main part of the article is the delineation of the limits and peculiarities of the mechanism for the prescription of provisional measures in disputes concerning the interpretation or application of the UN Convention on the Law of the Sea. Certain common features and differences between the provisions governing provisional measures in the law of the International Court of Justice, on the one hand, and the UN Convention on the Law of the Sea, on the other, are revealed. The binding nature of provisional measures prescribed under Article 290 of the UN Convention on the Law of the Sea has been established.Subject to the degree of agreement between the parties to the dispute, the probability of different situations regarding the prescription of provisional measures under Article 290 (5) of the Convention has been revealed. The jurisdictional peculiarities of the prescription of provisional measures by the International Tribunal for the Law of the Sea on behalf of an arbitral tribunal not yet constituted under Annex VII or VIII of the UN Convention on the Law of the Sea, in particular the threshold for finding prima facie jurisdiction, are clarified. The conclusions of the International Tribunal for the Law of the Sea and some ad hoc arbitral tribunals regarding the jurisdictional aspects of the prescription of provisional measures are pointed out.

Territorial Disputes in the Post - Yugoslav Space

This analysis of a sample of territorial or border disputes 30 years after the ‎beginning of Yugoslavia’s disintegration is informed by a pluri-angle analytical‎ framework. With territorial disputes, a single reading of the phenomenon ‎by international law with its established principles and standards of peaceful‎ dispute settlement can be insufficient. More often than not, territorial disputes‎ not only relate to territorial sovereignty per se, but also to issues of nation-‎building and statehood, identity narratives, ontological security, and‎(perceived) legitimacy as to whether a border is ‘just’. In the context of EU enlargement, ‎the level of power (a)symmetry between actors also plays a role. ‎Looking at the case studies (i) Croatia v. Slovenia, (ii) Serbia v. Croatia, and (iii)‎Serbia v. Kosovo, this paper demonstrates why States sometimes do not comply ‎with EU conditionality and that the behaviour of State actors is by no means ‎irrational, but can well sustain a dispute and/or pose a threat to dispute settlement‎ by international law.‎

Federalism: New Avenue for Nepal’s Development Diplomacy

Nepal has entered into a new governance model under the federal structure. It is a basic format of the new constitution assimilating federalism from its preamble to other relevant articles of the Constitution of Nepal. It is a new system for Nepal, and the nation should focus on enduring the system by rectifying lapses of federalism. It is criticized for being expensive and promoting means of corruption, but it can give positive results if we apply the principles and practices of federalism with due attention. As federalism is the basic guiding principle of the new political and constitutional context, the development diplomacy of the country should steer the path under the federal structure. Nepal's foreign policy is mainly guided by mutual respect territorial integrity and sovereignty; non-interference in each other’s internal affairs, respect for mutual equality, non-aggression, and the peaceful settlement of disputes, cooperation for mutual benefit, abiding faith in the Charter of the United Nations and value of world peace. Development diplomacy is also an expansion of these principles and practices for the prosperity of the nation. The ultimate goal of every form of diplomacy is to optimize national interest and promote world peace. Nepal has challenges as well as opportunities to get benefit from the means of development diplomacy under the federal system of governance. This article briefly talks about development diplomacy in the changed context of Nepal.

Why West African states do not go to war with each other: ‘Pan-West Africanism’ and constructivist international relations

ABSTRACT Realism and liberalism theories have had the most significant influence on the analyses for international relations. While the theories have proven useful in enriching understanding of complex situations at the regional level, both are insufficient in explaining the absence of violent inter-state conflicts in West Africa. This article argues that realism and liberalism cannot explain the absence of inter-state conflicts in West Africa. Instead, constructivism offers a more useful explanation by focusing on the values that define state relations. The principle of non-aggression and peaceful settlement of disputes appear more pronounced among the states and define their relations. Adherence to these norms has led to the emergence of a collective identity and a security community among the Economic Community of West African States (ECOWAS) states. The common identity and non-violent approach of the states towards each other is founded on the values of ‘Pan-West Africanism’ that advocates West African unity, brotherliness and solidarity. Pan-West Africanism reinforces a consciousness of a commonly shared colonial history and the construction of a post-colonial victim identity and oppressed members of the international community that requires mutual cooperation devoid of violence.