9, SETTLEMENT OF. INTERNATIONAL DisputEg It has always been the obj W jective of International lav, to develop mean through which the disputes among the nations- may be resolved through pened methods the form of customs partly in tho form of law-making Wealles The © patty in Conferences of 1899 and 1907, the Covenant of he League of Nations ‘nd the feet Nations Charter deserve special mention in this connection. "6 Uniteg The methods of the settlement of international disputes may be divided into two: categories: (I) Pacific means of settlement; and (2) Compulsive or forcibie mes settlement, . ao Paditic Means of Settlement of international Disputes” -Following are the pactc mean, of settlement of international disputes. : ae (1) Attiration: By arbitration we mean the method through which 2 dispute i eerrog ig certain persons called arbitrators. Their decision’is known @s the award. These Gitrators are gelectad by the pariés to the dispute. Although they are selected oy appointed on the basis of the consent ofthe parties fo @ dispute, thelr decision or avarg is binding upon the parties. “Thi history of settlement of international disputes through arbitiation may be traced om ory anciont times, But in modern tests History dates back from Whe Noy Treaty a O04 cotesen England and America, The next important event in the development of aaee eee iatomalional disputes through arbitration was Alboma Claims Arbitaton, $e72 te hs case, Ametica had claimed compensation ffom Britain on he ground att rer intated tne lous of neural. The Arbitrators gave their award in favour of Af, aa a reat Briain was lable to pay compensalion. As remarked by Judge Hudson, aan ae iret StAbema Claims Arbitfalion stimulated @ remarkable actity inthe ft of interntionat law decisions ". he nent important evert was the adoption of Hegue Convention of 1889. wit an ae paw relating to arbitration was coded. Yet another imporlan result of he Tiuws Conference of 1899 was the establishment of he Permanent Court of Arialon “Tus work was completed by e Hague Conference of 1907. According to Starke:"The Permanent Court of Arbitralion was a relative success and in the-eatly years. of his Comtury influenced @ more frequent recourse to afbation as a method of seiteg Tacnctional disputes while it may be said to have moulded the modern law and pracice of arbitration.” ‘The more important decisions or awards given by the Permanent Court of Arbitration ae Muscat Dhows Case of 1905, North Allantic Coast Fisheries Case 1910: and Savarkay Case of 1911, Some Arbitration Court were established after the First World War. In cast ‘times aso the Importance of the settlement ofthe international cisputes toug> potion nas not lessesed. A glaring recent examp'~ fs that Kulch Arbitration of 1368 for the settioment of disputes between India and Pakistan. However, as pointed ov By Starke, "Arbitraion is essentially 8 consensual procedure, States cannot be compelled If Sroitele unlese they agree to do so ether generally and in advance of ad hoc in 93" tb a spectic cispule, Their consent even governs the nature of trburia! established.” Kutch Arbitration Award (1968)-lt willbe desirable to mention nere’briely the facts 998 Gicumstances hich led to the Kutch Arbitration Award (1968), and the details of he ‘ward, The Rann of Kutch Is 2 place en the border of Gujarat and West Pakistan. Thee wwas a dispute between Inia and Pawistan in regard to some land in the Rann of Kuler Pakistan claimed 3,500 sq, miles of the said and. This ledto the armed conflict DeMer the two counties in 1865. After ine cease-fire bolh Incia and Pakisan aareed "0 ralet this mater to arbitration. One arbitrator, Albes Bebber of Yugoslavia, was nominated Py India, the other arbitration, Nasrollah Entezam of I Li . a Entezam of Iran, was nominaled by Pakistan. 3% the third was fo be nominated wih the mutual egreement of bath Ine States. Since 2 att 2 ‘and Pakistan could not agree upon a third arbitrator, “on Ihe request Beensies, Juige Gunner Lagergeren, he Chatman he Rial Coot was coma ty the Secretary-Genera! of the United Nations. The Arbitral Court gave its award oP 19th February, 1968. According to the award 320 sq.,miles i.e., (about 10% Oo the Pakistani claim) of the land belonged to Pakistan and the rest belonged to India. itis Oe ‘of the well recognized principles of international law that the award’of an. internatiansl Scanned with CamScannerAroial Court 1s. binding upon consequently India :cepter implemented’ 8 upon the pales. Gonsequenty, India afcepted and [rblation is recognised as one of the means of Pacific Setlement of disputes under the See areas oe cones a he partes oo Sure the continuance of which ic hkely to endanger the maintenance of snormetional peace and SScuniy shall, st ofa, seek 2 solution by negotiation, enquiry. mediation, concikation, arotraton, judicial setiement, resort to regional agencies or arrangements. of other peaceful medes of thew own chore. Last Dut not the Jeeat, he Constitution of Indie also; Under Artele 51 (8), provides that the Slate shall endeevoii lo "encourege seliement of international dispules by arbitrtion”. Thus referfiig dispute relating to Renn of Kutch to rbication by India Was in keeping with ihis directive principe to state policy. ‘Advantages “and disadventages of arbitration os a mothod of selting International GispulesSinge arbitration is essenlialy @ consensual procedure; it has, cenain Sdrontages over other pacific methods of settlement. of disputes. As pointed out by Siarke, "There will alvays be a place for arbitration inthe relations between States. “Avbitral procedure is more appropriate than judicial setilement for technical disputes, and ines expensive, while i necessary, arbitrallons cari be conducted without publicity even {o the extent tht paris can agree that award be not pudished. Moreover. the general princples governing tne practice and powers of etal bunats are felly well recognised. Lastly arbitral procedure is flexible enough to be combined with the fact- sagan procedses which are avalled ofn the case of negotiation, good offices meciation, coneliaton ahd, enquiry.” + : ihe regards ther "mixed disputes. Statés should not overlook the advantages, of @ eae tt an combines judges of thelr own choice anda respect forthe law. Desrite process vantages atbivation now serves’as 2 residual procedures where other procedures (gr setvlement are léckirig.” W may be oulfnoded in thal ts foie usefulness infact ing can be equally wel done tiny ee legion sf nguiy and te former reconciation of national Interests by mens Oo than sie, application ff the law can now be more effectively achieved areata conettaion counnision”. To meat tis eicism,ilhas been suagested "015 seer nent apbiral or equly (Hbunal shoud Be established and in addlion Yo, any petcaion glven to i by Silo under weales. it may be equipped wih an oovson srr srcton: “Questions by means’ oft jurssition can be referred 10 It by 2 belies person aa the Genoral Assembly oF Securly Counc af he United, Natons Yt body ie ner powers {0 recommend the peaceful ajusiment of stuallons wees Bursuonet Oe Scie Chaser Tha opinion or recommendation ofthe tibundl made AES ie a ce wil have no bing frce of themselves bul would only become oF ste einen approved by tne poliial Bacy which orginally referred the matte. onto gnd would then ony be enforceable with respect to States which had re wre gnfered on the United Nations the power to enforce Ihe. tnbunats cree efons TRUS. tf Roped this proposed “Court of Arbtral Justiae” might eer cataie forum for Courts fo discuss questions of peaceful change and offer Pee say Council and the General Assembly a new method of finding an objective Meee egecision which they might be entitled 10 take with respect to a dispute Under the existing provisions of tne Charter. 2) Judicial Sattlement.-N.B. For this please see the Chapter of “International Court of “ustce". + 5) Negotiatons.-Negoiatons are also the means for the selllement of Intemational disputes. jt1s @ much less formal methad than judicial settlement. . sometimes sues sted ont, rowan negtatans. But, negotiations fail to a ispute methods, such as good dllices, medial Used along with negotiations eee 4) Good’ Gitices.-When Iwo Stales-are nol able to resolve 2 their disputes, a thir Say ofet i good offs for ihe some, Those sles may aise be offered by Inlematchal Organisation or some individuals. The thi Slate. individual or Intematchal Organisaton creales such on environment as may be conducive for the otal ols cinanes Seat oncta Wagner shen to pl formas bok the third pary does nat take aclve part in ine negolitions, ee 5) Mediation;-Mediation is yet another me . od through wich sollemedt of international disputes. In th fhe eee ‘ sp the case of mediation. the third State or 2 Scanned with CamScannerindviduat rot only ollars ite services but elso acively partcipates in the 12s 10 resolve the dispute Distnction between ‘Good Offices’ ond ‘Mediauion’The main distinction between ‘good aa cr eestatiof? is thal In case of good offices. the third party simply OMFS iis eee ees doot nol actively parcipate inthe talks, whereas, in the case of mediation Foner ais aclvely partcipater in te talks and makes suggestions £0 a8 lo resolve the denute bexveen the States. A good example of mediation and gond offices i thal of Tecnkant Agreement in the end of 1965 and beginning of 1966, wherein Russia succeeded in bringing about an agreement belweon Inia ané Paksstan = ‘hs pointed out by Starke, * The iniitive of Soviet Government at the end of 1288 and Gary in 1968 in bringing representatives of Inde and Pakistan together al Tashkant to! sel ne confiet between them, and in crating @ propitious almosphere for selene: hom, 10 have laid somewhere between good offices and mediation”. 6) Conciliation wider senso, concation is a metiod through which the other States: tne impartial persons try to resolve the dispute peacefuly rough different meBns. ‘iter the maller is referred to 2 Commission or Committee which submis its.report aaa eeemmends certain measures for the seltlemeni of disputes. These propasals are however, not binding, upon the parties. In the words: of Judge Hudson, erncitation is a process of formal proposels-of settlement alter an investigation of the’ Faaeaaegvan effort {0 reconcliate-to accept or reject proposals formulated:. The ESgue Conventions of 1899 and 1907 made the provisions for a Conciliation, Cebrission. In the present time also conciliation is adapted as a method of | — SSttement of an international dispute, A, recent example of this IS the “1966. eeirconiion ‘on the Sellement_of favestment Disputes between States and the Ralnae of other States which provides for Conciliation Commission forthe setlémnent of dispute. ae 3 | 7) Enquine-Enquiry is also 2 method which Is-often resorted to for the sels of Sioputes. it may bo noted tha itis not an independent method and is often applies Sionguith other methods, The main objective ofthe enguiy is to make investigation arte televent mates so a5 to establish Tacts which may hold'the ulimate soltion Gj the problem. For example, olten Enquiry Commissions are appointed in relation 10 the settlement of border visputes. The Commission clarifies the facis ater making enquiry into the relevant fac, : Saf 8) Settlement of Intemational disputes under the auspices of the United Nations Organisation “Briefly speaking, folowing are some of the provisions for the United Nations Charter {) itis one of the purposes of the United Notions that the member-States settle. their disputes through peaceful means. Under Article 2 of the Charter, the member-States have undertaken to resolve their disputes through peaceful mean and not {0 resort to force or threat of force to resolve international disputes. |i) the General Assembly of the United Nations may make: recommendations ‘forthe peaceful seltlement of international disputes. (Article 14). i fi) Aticles 33 to 38 of Chapter VI of the Charter make the prdvisins for the pedtetl Seilement of Intemational Disputes. ln accordance with these provisions i there i. lkeihood of danger to Inlerntional Peace and “Securly then. the Slates should resove their disputes through judicial seltTeren negotiations, good offees, se ee era eects ae ae ee connection the Security Council may also make recommendations in regard tothe selllement ef cispules through peaceful mean, ; : Despite the above-noted provisions in the Chart p vi let, the General Assembly on 2 October. {a7 aied re Caurion on Popes ‘of Imereti! Lor Fens Fen Relalons and Co-operation Among States in accordance wih the Chater of he U.N ie Declaration provides that every Stale has the dut si The Oadaai 1e duly to refeain Irom organisin of aequiescing in organized aces within As leroy rected towards the comnision f such ecis, when acis reierred to above involve a threat oF use of for seitlement heir disputes through negotiations; inquiry, mediation concitation arbitration judcl sellement ar oterpeacots mean cf nei chore. The Declaration seee ok | the principles ofthe Charter embodied inthe Oecteaton constitute basic prine je International Law" ‘and appealed to all Stelos “to guided by these princi ios in ttielr _ aa ia fran Papo tenia Cow Book 27 Scanned with CamScannerrnaonl conduc! and to devlop Wak mutual el eelaration on the Peacetul Setliement of International Disputes of 1982, om perorms important functions in regard to the settlement DE aieeoine finite oh Pa to the settlement of International disputes Wy The Secretary-General of tne"Uniied Nations may alte become insirumenial fo Oe ng Secetan Genera of Meee uconer by effing ma gos ofc Cee coetue meane of atone tale ate ral 0 ese i Gomme a Goer ees 2 yen fo conus er eave mens wich Swe : 4) Relorsiori: When a State behéves in 9 ciscourteoes, manner with another State then, Retr men 9 Soe ber Sate afte fo Fezan eaten, Te inert ron ou eaten emake OT wor 'etarsion’ Meson which are change aso permiled unde iain Low: OF meas SO te ners a be edo WGK OOS Fer ear ee Soa ios ah eR SB Co ogee ye ane Crone Ns er Oe ony out Sire me Ue Se mame ovo Chae eS Sy _ tn Because 9 Sees my encnger raraionl Peace ond SAS aoe rconiive mea sateen rat ay ane Frc Yo rte Sr ar mes sora ee ye fein Acca Seer fang 7s Se Sit apt rar pin cave of Hota rue. | he Wa that the right of reprisal is: ‘subject to the following restrictions . He asset tey am Deed pan @ prmfous act SOHEDY 6 peril tow aoe canon veegn ie ogres and ee reals & The te re glmacy othe Tales. + 5 Sr tn hay nave been preceded bY an uncuccest ee ty wn ©) Reprisals; are legtims Fer of redress, In fect, the employment of force necessary, * for the seitlement of the International dispute |S ‘rom where the Arab Guerillas tne stad attgcxs from time to time in Merah, 22° “ot the torrtory of Israel. United operaiog fatter has grealy affected the waht of the States & to resort io reprisal. No State is-eniiled to reprisal which may endanger Intemational Peace and Security. aianmee beiween Relorsion’ and ‘Reprisal-The a distinction between reprisal and eeorsion only thal action can be taken which is permed under retorsion is that wil retorsion i] Law and depends upon the discretion and weet wil of the States. whereas Inert em aatone a aloo be taken which righ! obese Pe illegal but are in rep eee or cota special creumstances. AS poinied out Of : tlowed 2s eres aie wich would generetly oer, Be Que, eh whereas repli) on rtaetrycondvel o which no legal objection can te 7 +p cmnorgc- Embargo i el andr compulsive Means for selenent International eat eg pe oF reptical, BY embargo we mean thal t 9 Sate violates Se ioe comms, some Intemational cime then the alecied Stas raeraos eniiled to create obstruction In the transport of its ships ‘which are within | Petey of the affected State. 4) ats Bipckade-Pacic blockade is ye anciher compulshe-means of sel interna ckaded go thatthe hips of other Slates may not reach those i aoe ete oe ofthe Blockade State may nol gO out of he ports. However, th a or ga between pacic blockace and the blockade whichis uses in peace anes ig oflen fesorted to a5 a reprisal because through blockade of the ports r Sele, § ote ig may be compelled fo set ts disputes. Some scholars are of “tan tha meats has become ol and Intemational Law does not permit eee tn pathos vol cacome an og method. yet canrot bul Be seid wis Chores Bf ihe Uniied Nations has greaty affected this ri Ae ee fheans cannot be resorted 1a if itis likely to end Hoth That is tolsay, thie fanger International Peace ‘and ‘Tinteinational Law: Book 2 ———— 4. Scanned with CamScanner5) Security. However, the United Nations may itself use blockade as a means 10/take collective measures under Arlicle 42, The advantage of this means for the’seltlémen, of International dispute is that itis less violent than war. A recent example of peacety) blockade is that of the blockade of Cuba by America in 1962. America blockaded the ports of Cuba because America contended thal Russia was going to supply: some nuclear weapons to be stationed al Cuda and which might prove detrimental f6r the security of America and which was the violation of Havana Convention by Cuba, But as pointed out by Starke, the Cuban Biockade is different from the old blockades Permitted under International law. = Under the Auspices of the U.N.-Chapler Vil of the Charter of the U.N. deals with the provisions under which the Security Council can resort to compulsive medins for the Settlement of disputes regarding maintenance or restoration of International Peace and Security. These provisions have been discussed in chapter on the “Security Council", Please therefore see the chapter'on “Security Council" for a discussion of these provisions. Scanned with CamScanner