Notes on IDR.

I. PRINCIPLE OF THE PEACEFUL SETTLEMENT OF DISPUTES BETWEEN STATES

1. The Charter of the United Nations provides in its Chapter I (Purposes and principles) that
the Purposes of the United Nations are " To maintain international peace and security..."

2. The Charter also provides in the same Chapter that the Organization and its Members, in
pursuit of the Purposes stated in Article 1, shall act in accord- ance with, among others,
the following principle: "All Members shall settle their international disputes by peaceful
means in such a manner that inter- national peace and security, and justice, are not
endangered" (Article 2, paragraph 3).

3. In Chapter VI (Pacific settlement of diputes), states that:

– "The parties to any dispute, the continuance of which is likely to endan- ger the
maintenance of international peace and security, shall, first of all, seek a solution by
negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to
regional agencies or arrangements, or other peaceful means of their own
choice." (Article 33, paragraph 1).

B. Declarations and resolutions of the General Assembly

4. The principle of the peaceful settlement of disputes has been reaffirmed in a number of
General Assembly resolutions, including resolutions 2627 (XXV) of 24 October 1970,2734
(XXV) of 16 December 1970 and 40/9 of 8 November 1985.

5. The principle that States shall settle their international disputes by peaceful means in such
a manner that international peace and security and justice are not endangered", is also
stated in a. Manila Declaration on the Peaceful Settlement of Interna- tional Disputes
(resolution 37/10, annex) and in b. the Declaration on the Prevention and Removal of
Disputes and Situations Which May Threaten International Peace and Security and on
the Role of the United Nations in this field (resolution 43/51, annex) and in c. the
Declaration on Fact-finding by the United Nations in the Field of the Maintenance of
International Peace and Security (resolution 46/59, annex).

C. Corollary and related principles

 6. The principle of the peaceful settlement of international disputes is linked to various other
principles of international law.

7. Under the Declaration on Friendly Relations, the principles dealt with in the Declaration
comprises of the following principles :-

– principle that States shall refrain in their international relations from the threat or use of
force against the territorial integrity or political independence of any State, or in any other
manner inconsistent with the purposes of the United Nations;

– the principle that States shall settle their international disputes by peaceful means in such
a manner that international peace and security and justice are not endangered;

– The principle concerning the duty not to intervene in matters within the domestic
jurisdiction of any State, in accordance with the Charter; the duty of States to cooperate
with one another in accordance with the Charter ;

– the principle of equal rights and self-determination of peoples;

– the principle of sovereign equality of States; and

– the principle that States shall fulfil in good faith the obligations assumed by them in
accordance with the Charter

– All are interrelated in their interpretation and application and each principle should be
construed in the context of other principles.

D. Principle of non use-of force in international relation ( IR )

6. The interrelation between this principle and the principle of the peaceful settlement of
disputes is highlighted in the fourth preambular paragraph of the Manila Declaration and is also
referred to in section I, paragraph 13, thereof.

E. Principle of non-intervention in the internal or external affairs of States

7. The interrelation between this principle and the principle of the peaceful settlement of
 7.
disputes is highlighted in the fifth preambular paragraph of the Manila Declaration.

F. Principle of Equal rights and Self determination of Peoples

8. The links between this principle and the principle of peaceful settlement of disputes are
highlighted in the Manila Declaration .

– 1) reaffirming in its eighth preambular paragraph the principle of equal rights and self-
determination as enshrined in the Charter and referred to in the Friendly Relations
Declaration and in other relevant resolutions of the General Assembly ;

– ( 2 ) stressesing in its ninth preambular paragraph the need for all States to desist from
any forcible action which deprives peoples, particularly peoples under colonial and racist
regimes or other forms of alien domination, of their inalienable right to self-determination,
freedom and independence;

– ( 3 ) referring in section I, paragraph 12, to the possibility for parties to a dispute to have
recourse to the procedures mentioned in the Declaration "in order to facilitate the exercise
by the peoples concerned of the right to self-determination"; and

– ( 4 ) declaring in its penultimate paragraph that "nothing in the present Declaration could
in any way prejudice the right to self-determination, freedom and independence, as
derived from the Charter...

G. Principle of the sovereign equality of States

9. The links between this principle and the principle of the peaceful settlement of disputes
are highlighted in the fifth paragraph of the relevant section of the Friendly Relations
Declaration which provides that "International disputes shall be settled on the basis of the
sovereign equality of States" as well as in section I, paragraph 3, of the Manila
Declaration.

H. Principles of international concerning the sovereignty,independence n territorial integrity

of States.

10. Paragraph 4 of section I of the Manila Declaration enunciates the duty of States parties
to a dispute to continue to observe in their mutual relations their obligations under the
 10.

fundamental principles of international law con- cerning the sovereignty, independence

and territorial integrity of States.

I. Good faith in IR.

11. The Manila Declaration enunciates in its section I, paragraph 1, the duty of States to "act
in good faith", with a view to avoiding disputes among themselves likely to affect friendly
relations among States.

J. Principles of Justice and international law

12. The "principles of international law" are mentioned together with the principles of justice
in Article 1, paragraph 1, of the Charter under one of the purposes of the United Nations.

13. The principles of international law are also mentioned jointly with the principles of justice
in section I, paragraph 3, of the Manila Declaration under which "international disputes
shall be settled on the basis of the sovereign equality of States and in accordance with the
principle of free choice of means..

14. Paragraph 4 of section I of the Manila Declaration provides that "States parties to a
dispute shall continue to observe in their mutual relations .."

K. Free choice of means

15. The principle of free choice of means is laid down in a. Article 33, paragraph 1, of the
Charter of the United Nations and reiterated in b. the fifth paragraph of the relevant
section of the Friendly Relations Declaration and in c. section I, paragraphs 3 and 10, of
the Manila Declaration.

16. The following means are listed in Article 33 of the Charter, in the second paragraph of
the relevant section of the Friendly Relations Declaration and in paragraph 5 of section
I of the Manila Declaration: negotiation, inquiry, mediation, conciliation, arbitration,
judicial settlement, resort to re- gional arrangements or agencies or other peaceful means
of the parties' own choice.

17. Among those "other peaceful means", the Manila Declaration singles out good offices.
 17. Among those "other peaceful means", the Manila Declaration singles out good offices.

18. Under the Friendly Relations Declaration (second paragraph of the relevant section) and
the Manila Declaration (para. 5 of sect. I), it is for the parties to agree on such peaceful
means as may be appropriate to the circumstances and the nature of their dispute.

( summary from page 3-7 of the Handbook on the Peaceful Settlement of Disputes between
States )