Peaceful Settlement Of Disputes Research Articles

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.

Multilateralism in the Twenty-First Century

The rise of geostrategic rivalry between the United States and China is changing international cooperation. As China seeks new influence and the United States seeks to contain China and to reduce its own international obligations, three dimensions of multilateralism are becoming particularly important. The first is the management of the superpower rivalry, through formal treaties, informal arrangements among states, and international institutions. The second is the capacity of the leadership of any international institution to foster cooperation beyond the immediate preferences of one or another of the most powerful member states. The third dimension is the legitimacy on which the authority of international institutions rests. The evolution of these three elements will shape the future of multilateralism, by which I refer to the arrangements created and agreed by states which facilitate cooperation by enshrining commitments to diffuse reciprocity and peaceful dispute settlement. The analysis of history and of variations in current practice in international cooperation underscores several ways in which international cooperation could be sustained even as the US-China rivalry strengthens. Global agencies can play a crucial role finding and highlighting areas where cooperation and competition can coexist, and where their own capacities to pool information, to reduce transactions costs, and to broker and monitor agreements can assist. This, in turn, requires high-quality leadership by people who can effectively broker agreements among countries, persuade countries to pool resources, and attract and organize an effective and highly motivated staff. Such leadership requires positive ongoing action by member states, to define what is required for effective leadership of the institutions they collectively create, to seek proven competence in each domain before appointing leaders, and to monitor ongoing performance. Finally, international institutions can buttress their legitimacy by finding better ways to ensure the participation of all stakeholders, and to respond rapidly and effectively to global crises and to provide global public goods.

Альтернативные способы разрешения индивидуальных трудовых споров: опыт и перспективы развития

The article considers the experience of the formation of conciliation institutions in the field of labor relations based on the analysis of Soviet labor legislation. It is concluded that the effectiveness of alternative methods of dispute settlement in a particular State depends on political, economic, legal conditions, as well as on historical prerequisites. The article considers individual problems that hinder the effective use of mediation for the settlement of individual labor disputes, as well as the conditions under which mediation is the most preferred method to resolve labor conflict. It justifies the necessity of revising the current concept of resolving individual labor disputes through the consistent expansion of alternative ways of resolving labor-law conflicts, including by improving negotiation procedures in labor law relations, the inclusion of sectoral expertise among the methods of dispute resolution. The experience of foreign States in establishing labor mediation services to resolve individual labor disputes is positively assessed. It is recommended to strengthen the role of social partnership in the development and improvement of alternative ways of resolving labor disputes. The conclusion proposes the conditions under which the most effective use of alternative procedures in labor relations is possible, including adaptation of methods of conflict resolution to the specifics of labor relations, providing them with effective legal mechanisms, variability of the forms used, as well as the formation of a culture of peaceful dispute settlement and negotiation.

UPAYA MENANGGULANGI SENGKETA MELALUI SUBJEK HUKUM INTERNASIONAL

This article aims to (1) find out clearly what is meant by international law, (2) find out how the development of international law, and (3) to know what kinds of subjects of international law in dispute resolution itself. The data collection technique used is by quoting from several book sources as well as from journals and papers that have been read before. The results of the discussion of this journal show that (1) International Law is a positive law. Where the purpose of the law itself is to create and realize justice in international. (2) The development of international law is important because in essence as a law that introduces the concept of an archipelagic state, a means of intervention to a means of suppressing developing countries, which of course in this development for the Indonesian people to strengthen cooperation in the fields of economy, politics, security, and education. (3) There are several ways to resolve disputes under international law, namely, through peaceful settlement of disputes contained in the United Nations Charter, namely Article 2 paragraph (3) of The Charter of the United Nations (UN Charter). And it can also be done in terms of kinship or peace, namely negotiation, investigation, mediation, conciliation and arbitration.

International Law and the Securitisation of Peacemaking: On Chapter VII, the Security Council and the Mediation Mandate in Yemen

Abstract Peace mediation as a form of peaceful settlement of disputes has evolved significantly in the past 20 years, moving away from an informal process between parties towards a more structured undertaking rooted in norms and values of international law. Sitting between Chapter VI and Chapter VII of the UN Charter, mediation is an underexplored aspect of the collective security regime in international law. Surprisingly little attention has been paid to the role of the UN Security Council (UNSC) and the exercise of legal authority under Chapter VII in shaping mediation mandates. This article addresses this gap by developing a theoretical framework for understanding the role of UNSC in the construction of security in the context of peacemaking. Using the mandate of the Office of the Special Envoy for Yemen as a case study, the article traces the progression of the mediation mandate a set out in the UNSC resolutions, interrogating the shift in discourse from UN support for an inclusive political transition into a narrower focus on hard security and the international response to the threat of terrorism. Through this analysis the article demonstrates how the place of UNSC within the Charter system allows for a gradual securitisation of the peace mediation process at the expense of inclusive approaches. At a time when consensus on collective security appears to be weakening the role of the UNSC in constructing and responding to global threats is of significant interest to the future of Charter-based international peace and security.

O‘ZBEKISTONDA MA’MURIY NIZOLARNI HAL QILISH JARAYONLARINI SODDALASHTIRISH VA TAKOMILLASHTIRISH MASALALARI

The article analyzes the experience of pre-trial settlement of administrative disputes abroad and in the Republic of Uzbekistan. The experience of foreign countries has shown that there are different ways to resolve disputes and that pre-trial settlement mechanisms are being used effectively. Establishing mechanisms for the pre-trial resolution of administrative disputes will allow for faster, easier and more peaceful settlement of disputes. Excessive time and money of citizens will be prevented, public resources will be saved, and the workload of administrative courts will be reduced. Of course, if the population or business entity does not agree with the decision of the competent authority for pre-trial settlement of disputes, there is a constitutional right to apply to the court for consideration of the dispute. In other words, the final consideration of disputes by the court is the final guarantee of protection of the rights violated in the process of administrative disputes. Based on the experience of foreign countries, the introduction of a mechanism for resolving pre-trial administrative disputes in the legislation of the Republic of Uzbekistan will help to eliminate legal gaps in the legislation and establish a single legal mechanism for consideration and resolution of administrative disputes.

STELE OF VULTURES: INFERENCES REGARDING THE LAW AMONG THE SUMERIAN CITY STATES

Tarihe ilk medeniyet olarak düşülen Sümer şehir devletleri arasındaki ilişkileri düzenleyen kurumlar, kurallar ve teamüller günümüzdeki devletlerarası hukukun birçok kurumunun temelini oluşturmaktadır. Bir Sümer kitabesi olan ve Milattan Önce 3. binyıldan bugüne ulaşan Akbabalar Dikilitaşı, üzerindeki yazılar ve tasvirlerle tarihten sanata, dinden siyaset tarihine farklı alanlar için birçok veri sunmaktadır. Lagaş kralı E-anatum tarafından hazırlatıldığı kabul edilen söz konusu kraliyet yazıtı, devletlerarası hukuk tarihi açısından da günümüze ulaşmış en eski belge olarak kabul edilmektedir. Umma ve Lagaş şehir devletleri arasında 150 yılı aşkın süren sınır ve su sorunundan bir kesit sunmakta olan tek taraflı söz konusu bu anlatı, bir çok uluslararası hukuk kural ve kurumuna dair veriler sunmaktadır. Makalede, bugüne kadar gerek Batı’da gerekse Türkiye’de yayımlanmış bazı uluslararası hukuk ders kitaplarının uluslararası hukuk tarihi bölümünde bahsedilen Akbabalar Dikilitaşı uluslararası hukuk tarihi çerçevesinde incelenecektir. Kitabede yer alan tasvirler ve yazının imkân verdiği oranda şehir devletleri arasındaki hukuk, tanrı ile kral ve tanrı ile şehir devleti ilişkisi, sınır ve su sorunu, savaş, antlaşmaların yapılması, ihlali ve söz konusu antlaşmalarda edimin yerine getirilmemesi durumunda uygulanacak müeyyideler, uyuşmazlığın barışçıl yolla çözülmesi için üçüncü bir devleti devreye sokma, devletlerarası ilişkilerde farklı görünümde ortaya çıkan törenler gibi birçok devletlerarası hukuk kuralı incelenecektir.

Divorce Mediation at Religious Courts in Pasangkayu during the Covid-19 Pandemic: Socio-Juridical Analysis

This article describes the application of divorce mediation and explains the factors that influence mediation practices during the Covid-19 pandemic at the Religious Courts in Pasangkayu. As part of the alternative settlement of disputed cases, mediation has changed its implementation, including in the practice of law in religious courts. This study uses a socio-juridical approach to examine qualitative data obtained from field research through observation, in-depth interviews, and documentation. This study presents three conclusions. First, divorce mediation includes pre-mediation, which is carried out privately, and its implementation is based on the situation. Second, several enabling and inhibiting factors influence the practice of meditation. Third, from a socio-juridical perspective, mediation is a construction guided by the principle of agreement carried out through deliberation and consultation regarding disputes. In addition to adhering to a positive legal system, mediation in religious courts in Indonesia attaches to the Regulation of the Minister of Religious Affairs Number 1 of 2006 and the process of judging (tahkim) procedure in Islamic law. The influence of local customs and culture on the implementation of mediation in religious courts is not by the objectives of Islamic law and positive law, which is oriented toward the peaceful settlement of disputes and good faith.

Traded Without Restraint? Transfers of Small Arms and Light Weapons

Abstract Prescriptive analyses of small arms and light weapons (salw) transfer regimes have been advanced, but comparative assessment of the selling and importing of this weaponry is undeveloped. That includes examples of major arms sellers transferring this weaponry into locations embroiled in armed conflict. After surveying existing salw restraints and their shortcomings, the extent to which due diligence risk considerations shape relevant arms selling conduct is considered. Existing explanatory frameworks discussed are found incomplete. Accordingly a model is outlined addressing impediments to the due diligence risk assessments required to meet international humanitarian and human rights legal obligations. For salw sellers, they include executive dominance of sale purchase decisions; strategic imperatives; economic and commercial incentives; and capacity to conduct independent auditing of arms sales conduct. Within conflict afflicted recipient locations, they include defective public accountability; corruption; impunity; and inability to effect peaceful dispute settlement. Utilising these determinants, dyads embracing major salw sellers transferring this weaponry into locations of persisting armed conflict are considered.

Peaceful Settlement of Interstate Online Disputes

This paper covers the existing international law toolbox on peaceful settlement of disputes and its application to online conflicts. It reiterates the existing measures of diplomatic and judicial measures to address differing positions of states and non-state actors as well as their applicability for the unique online environment.

Prospects for the use of mediation as a way of peaceful settlement of disputes.

Prospects for the use of mediation as a way of peaceful settlement of disputes.

China’s Rise in the Contemporary World

The advent of the 21st century has seen a shift from uni polarity to multi polarity, mainly due to China's rise. Chinese ambitions are aligned and expansive, which are driven by nationalism, economic uplift and military modernization. China is evolving as a major powerhouse of the current world order. Trade,economic reforms, up gradation of the military, appealing to the masses through its culture and peaceful settlement of disputes are Chinese means for shaping new world order. America's decreasing sphere of influence in multilateral agreements such as the Paris Agreement and the Iran Nuclear deal is proving windows of opportunities for rising powers like China. China aims to strengthen its position in the international system.

Compulsory Adjudication of International Court of Justice and Pacific Settlement of Kenya-Somalia Maritime Dispute

Kenya and Somalia are among states that have accented to compulsory jurisdiction of the International Court of Justice on peaceful settlement of disputes. However, these two states are at odd over the verdict on international boundary delimitation passed by this court in regards to the Kenya- Somalia Maritime dispute. This study examined compulsory adjudication, carried out by the International Court of Justice, as means of resolving the Kenya Somalia maritime dispute. The specific objectives were: to explore the genesis of the maritime dispute between Kenya and Somalia, to analyse international legal framework on peacefully settlement of maritime disputes and to evaluate the state reservation towards compulsory adjudication as an approach for pacific settlement of maritime disputes. The study reviewed relevant literature and analysed case studies of maritime disputes that have been resolved or pending to ascertain the suitability of compulsory adjudication, arbitration or other alternative mechanisms in resolving the Kenya-Somalia maritime disputes. This study was anchored on the theories of institutional liberalism and realism. Institutional liberalism recognises international law as a regime that governs states hence the states accentuation to international arbitration by the International Court of Justice. Realism is about state centrism, national interest and that preserving their autonomy is crucial hence states remain the main actors in decision making processes and there is no authority to challenge anarchy of states in either abiding or otherwise with the compulsory adjudication. This study utilized the mixed research design and relied mostly on the historical and explorative designs. The research was primarily qualitative and explored both primary and secondary sources. Primary data was sourced through both archival data retrieval, and field research. Archival data was collected in the Kenya National Archives. Field data was gathered through key informant interviews and Focused Group Discussions. The target population from which samples was drawn from includes members of the diplomatic community of the two countries, peace and security experts, politicians, legal experts and employees of the International Court of Justice. Secondary data was sourced from conference papers, books and journals. The data collected was grouped, corroborated, analysed through contents analysis and presented using the qualitative research techniques and using themes that are comparable to the research objectives. The major proposition of the study was that maritime disputes may be resolved either through compulsory adjudication and that the international law through it elaborate legal frameworks also anticipates the maritime disputes may be resolved through or diplomatic and bilateral engagements between the two conflicting states. However, states have reservation in submitting their conflicts for compulsory adjudication by the International Court of Justice. For such, both Somalia and Kenya were willing and unwilling to comply with international arbitration for a number of reasons including: third party bias among judges, salience of territorial issues under contestation, uncertainty over the outcomes of the process, the bargaining power of the competing states and the likelihood of armed confrontation between the belligerent states. Information gathered in this study was not only beneficial in providing a body of knowledge on understanding the role of compulsory adjudication in pacific settlement of the disputes, but also added to existential knowledge on international legal framework on maritime disputes and state reservation in judicial settlement of territorial and maritime disputes.

Actual legal situation and international controversy concerning the continental shelf in the arctic zone

The proposed article briefly presents the prehistory of these problems, the established approaches to determining the legal status of the Arctic continental shelf, so the importance of resolving existing differences between the Arctic states The authors of the article note that the motivation of the Russian Federation according to determination and legal protection of their external borders of the continental shelf in the Arctic is inspired by the growth of the scientific researches and the conduction of various kinds of expeditions, not only by the Arctic states, but also by leading European and Asian countries (Germany, China, etc.), to search for evidence in order to review the existing maritime borders. In conclusion, the article notes that only the peaceful settlement of disputes, compliance with the rules of International Law and observation of the concluded interstate agreements are the key to global stability, because the clash of interests in the Arctic can lead to unpredictable consequences for many states and doesn't exclude the occurrence of military conflicts.

Global commons law: norms to safeguard the planet and humanity’s heritage

The Global Commons – the high seas and the seabed, Antarctica, the atmosphere (including the ozone layer and the climate system), and outer space – have a distinctive status in international relations because these domains play a vital role in ensuring humankind’s survival, the subsistence of the planet, and the intergenerational custodianship of the human heritage. I call global commons law an ‘uncommon’ realm within international law that is composed of principles and practices that dovetail with treaties aimed at protecting humankind. These laws have an atypical purpose and are characterized by a commonality of interests based on the view that safeguarding these domains is in the interests of developing and developed countries alike, with scientists, activists, and international institutions jointly having a convening power to maintain peace. To elaborate on the impact and implications of the global commons law, I explain three of its functions: guardianship of future generations; creation of a comity for peace and peaceful settlement of disputes; and setting norms as the foundation for peaceful relations. These norms in turn have four key objectives: they provide common ground for peace and cooperation; ensure equity between rich and poor countries; create a forum for equitable burden-sharing; and prevent future harm. The Global Commons face threats – melting ice caps, greenhouse gases, and overfishing – that imperil the survival of humanity. This is then the moment to update and strengthen the mechanisms of global commons law.

ОСОБЕННОСТИ И ЗНАЧЕНИЕ СИСТЕМАТИЗАЦИИ НОРМ О ПРИМИРЕНИИ В ПРОЦЕССУАЛЬНЫХ КОДЕКСАХ

The article analyzes the new provisions of procedural legislation in the aspect of systematization of norms on reconciliation. As the features of this systematization, it is indicated that it was carried out in the form of codification, is of a complex nature, affects not only procedural codes, but also other regulations. The authors reveal the significance of the systematization of the norms on reconciliation. In general, the integration of conciliation procedures into legal proceedings shifts the paradigm of judicial activity from confrontation between the parties to their cooperation, which corresponds to the development trend of procedural legislation in many countries. In practical terms, the new rules are aimed at enhancing the activities of the court and participants in the process towards the peaceful settlement of disputes. The informative and cognitive value of the new provisions on conciliation procedures for practicing lawyers, as well as the need to change educational programs for the training of lawyers in relevant disciplines, is noted. It is concluded that the new legal regulation of conciliation procedures is important for the development of the doctrine. Foundations for the integration of law and other humanitarian and social sciences related to conflicts and their termination. As a result of the systematization, further development of legislation on conciliation procedures and the doctrine of alternative dispute resolution is predicted.

Diplomacy in the Perspective of Boundaries

Diplomacy is an instrument for negotiation to find mutually acceptable solutions to a common challenge in a non-confrontational and polite manner. In this perspective, border diplomacy refers to the diplomatic approaches to demarcate, manage and resolve the border disputes in a peaceful manner. For Nepal, border diplomacy for demarcation and management should be based on the dynamic equilibrium of both the neighbours, China and India. This paper revisits the crux of diplomacy and border diplomacy for the peaceful settlement of disputes in a peaceful way. The research emphasizes on border demarcation diplomacy, focussing on Nepal-India and Nepal-China borders. The study explains about the border dispute between Nepal and India in the region of Lipulek, Limpiyadhura and Kalapani. Further, the paper suggests border management diplomacy for Nepal-China and Nepal-India, focusing on the Kalapani issue, and alerts about the possible circumstances during the negotiations and recommends Nepal’s potential strategies for border management in the future.

Islamic Law and International Law: Peaceful Settlement of Disputes, written by Emilia Justyna Powell

Islamic Law and International Law: Peaceful Settlement of Disputes, written by Emilia Justyna Powell

SOVEREIGN IMMUNITY OF NON-COMMERCIAL GOVERNMENT VESSELS AND DUE REGARD: CHINA COAST GUARD IN THE NATUNAS

Coastal states possess sovereign rights and jurisdiction within their Exclusive Economic Zone (EEZ), including the exercise of enforcement jurisdiction against foreign vessels conducting violations within the EEZ. However, certain ships are granted sovereign immunity and thus are not subject to coastal state’s jurisdiction. The United Nations Convention on the Law of the Sea (UNCLOS) only stipulated that injuries to the coastal state caused by activities conducted by a sovereign immune vessel will engage that vessel’s flag state responsibility. Indonesia had witnessed numerous violations within its EEZ, especially in waters around Natuna Islands. These violations are conducted by Chinese fishing vessels, which were escorted by China Coast Guard (CCG) vessels. Consequently violations by Chinese vessels would hamper Indonesia’s exercise of enforcement jurisdiction against Chinese fishermen caught committing illegal, unreported and unregulated fishing (IUUF), thus violating Indonesia’s sovereign rights and jurisdiction. This article discusses to what extent sovereign immunity applies to non-commercial government vessels, and whether they can be subjected to coastal state jurisdiction, should they hamper the exercise of coastal state’s enforcement jurisdiction within its EEZ. The article applies normative legal research by utilizing applicable regulations, theories, and existing practices. Sovereign immune vessels are required to pay due regard to other states, including coastal state. Activities constituting ‘abuse of rights’ jeopardizing coastal state’s exercise of enforcement jurisdiction will result in their flag state responsibility being invoked by the coastal state. This article recommends peaceful settlement of dispute through bilateral means, or multilateral means in the spirit of the 2002 Declaration of Conduct by pursuing a regional fisheries agreement.