• Author / Uploaded
• Faiza Gandapur

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• Mediación
• Arbitraje
• Negociación
• Naciones Unidas
• Política internacional

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Amicable means for settlement of international disputes Intro:

On 15th Nov. 1982, the General Assembly of UNO after reaffirming the need to exert utmost efforts in order to settle any conflicts and disputes between States exclusively by peaceful means and to avoid any military action and hostilities, which can only make more difficult the solution of those conflicts and disputes, approved the Manila Declaration on the Peaceful Settlement of International Disputes. This created a general obligation on the member states to adopt ways to resolve international disputes peacefully. In particular, it obligated that States parties to a dispute shall continue to observe in their mutual relations their obligations under the fundamental principles of international law concerning the sovereignty, independence and territorial integrity of States, as well as other generally recognized principles and rules of contemporary international law It obligates the States to seek in good faith and in a spirit of co-operation an early and equitable settlement of their international disputes by any of the following means: negotiation, inquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional arrangements or agencies or other peaceful means of their own choice, including good offices. In seeking such a settlement, the parties shall agree on such peaceful means as may be appropriate to the circumstances and the nature of their dispute. Thus, the following are peaceful means of settlement of international disputes. Non-Judicial Methods of Settlement The chief methods for peaceful/pacific or amicable settlement of international disputes are: (1) Negotiations:The term negotiation is used to denote intercourse between states for the purpose of arriving at a settlement of dispute or for relaxation of international tension. Negotiation is the simplest form of settling the disputes. Negotiations can be carried out by the head of states or their agents or the exchange of notes. Examples are Indo-Pak Indus water treaty 1960. Yalta and Potsdam agreement during second world war. (2) Good Offices:When a third party offers its services to remove differences between two states who are not willing to negotiate directly. A friendly third state assists in bringing about an amicable solution to the dispute. These offices may also be offered by International organization or some individual. the U.N security council offered its good offices in the disputes between Indonesia and Netherlands in 1947. (3) Mediation:Mediation is conducting of negotiations through the agency of third party. The distinction between Mediation and good offices is very subtle. Unlike good offices in mediation the third party itself takes part in Mediation. Example is the mediation of Soviet premier Kosygen. in the dispute between India and Pakistan at Tashkent in 1966. (4) Conciliation: Conciliation means the reference of a dispute to a commission or committee to make a report with proposals for settlement. Conciliation is the process of ending a disagreement. It recommends solutions. Mediation is commonly performed by an individual while conciliation is performed by a committee. (5) Inquiry: The main objective of commission of inquiry is to make investigation of relevant matters so as to establish facts. It is sometimes calles 'fact-finding'. Inquiry differs from conciliation in the fact that the object of inquiry is not to make any specific proposals for settling international disputes but it is just to investigate and establish facts.

(6) Arbitration The hearing and settlement of a dispute by an impartial referee chosen by both sides. Arbitration decides a dispute and is a binding decree. Example is the Rann of Kutch arbitration of 1968 for the settlement of disputes between India and Pakistan. (7) Judicial Settlement or Adjudication: It is a form of arbitration in which a permanent acts as the arbitral tribunal. At present the International Court of Justice (ICJ) is the most important tribunal. (8) Resort to regional agencies and U.N. One of the main objects of the U.N is the peaceful settlement of differences between states.The General assembly is empowered to recommend measures for peaceful adjustment of any situation. The security council can act when disputes endanger international peace and security.