1.

International Disputes – definition and types

International disputes are conflicts or disagreements between two or more nations

and can appear in various domains, including politics, economics, territory, or legal
matters. These disputes may manifest in diplomatic tensions, economic conflicts, or
even military confrontations. There are several types of international disputes like :
- Territorial Disputes:
Disputes over borders and territorial boundaries between countries are quite
common. These can involve land, maritime areas, or even airspace.
- Political Disputes:
Differences in political ideologies, governance structures, or policies can lead
to disputes between nations.
- Economic Disputes:
Disagreements related to trade, tariffs, economic policies, or competition for
resources can spark economic disputes between countries.
- Human Rights Disputes:
Issues related to human rights violations, treatment of minorities, or refugee
situations can lead to disputes and international condemnation.
- Legal Disputes:
Nations may have disagreements related to international law, treaties, or the
interpretation and enforcement of legal obligations.
- Military Disputes:
Armed conflicts, whether full-scale wars or smaller-scale military
engagements, can result in international disputes.
- Cultural and Ethnic Disputes:
Differences in cultural practices, historical grievances, or disputes over
minority rights can contribute to tensions between nations.
Resolving these disputes often involves diplomatic negotiations, international
mediation, arbitration, or adjudication through international courts and tribunals.

2-Diplomatic methods of dispute settlement

Diplomatic methods of dispute settlement include a range of strategies employed by
nations to peacefully resolve conflicts and differences, avoiding the increase into
armed confrontation. These methods typically involve communication, negotiation,
and collaboration between states with the aim of finding mutually acceptable
solutions. Diplomacy stresses dialogue and the exchange of ideas, often facilitated
through diplomatic channels such as embassies, international organizations, or
bilateral talks.
- Mediation by neutral third parties, such as international organizations or
respected individuals, can also play a crucial role in dispute resolution.
 - Arbitration is a legal alternative dispute resolution method where parties in a
dispute agree to have a neutral third party, called an arbitrator, make a binding
or non-binding decision.
- Judicial settlement refers to the resolution of legal disputes through an
agreement or decision reached within a court setting. It involves the formal
approval and enforcement of terms by a judicial authority, providing a legal
resolution to the matter.
Treaties, conventions, and agreements are common outcomes of diplomatic
negotiations, solidifying the commitment of involved parties to uphold the terms of
the settlement. By promoting understanding and cooperation, diplomatic methods
contribute to the maintenance of international peace and stability, promoting the
idea that conflicts can be managed through dialogue and negotiation rather than
confrontation.

3. Arbitration (ad hoc tribunals)

Arbitration, particularly in the context of ad-hoc tribunals, is a method of dispute

resolution that involves the role of impartial individuals, known as arbitrators, to hear
and decide on a dispute between parties. Ad-hoc tribunals are not permanently
established bodies; instead, they are formed on a case-by-case basis to deal with
specific disputes.

In ad-hoc arbitration, the parties involved typically have more control over the
arbitration process compared to institutional arbitration. The process begins with the
parties mutually selecting or agreeing upon arbitrators who will preside over the
case. These arbitrators are chosen based on their expertise in the relevant field, legal
background, or specific knowledge related to the dispute.

The ad-hoc nature of these tribunals allows the parties to adjust the arbitration
process to their needs, including setting the procedural rules, selecting the venue,
and determining the language of the proceedings. This flexibility can be
advantageous in complex or specialized cases where the parties may prefer a more
customized approach.

During the arbitration proceedings, the arbitrators hear arguments and evidence from
both sides. After careful consideration, the arbitrators render a decision, known as
an award, which is binding on the parties involved.

It's important to note that while ad-hoc arbitration is flexible, groups also need to
carefully manage and organize it because they are responsible for running the
process without the support of an institution.
 4. International Court of Justice
The International Court of Justice (ICJ) is the main judicial body of the United
Nations, originating from the Permanent Court of International Justice (PCIJ) after
World War I. Its establishment was formalized through the League of Nations pact
and later, with the League of Nations' dissolution during World War II, the
International Court of Justice was created by the United Nations Charter . The
International Court of Justice is composed of independent judges, with no more
than two from the same country, elected by the General Assembly and the Security
Council every 9 years, with the possibility of re-election. The Court has both judicial
and advisory competencies.

- Contentious Jurisdiction: This involves general authority to settle disputes

between states. Disputes that involve individuals can only be brought to the
ICJ if a state advocates on behalf of the individuals through diplomatic
protection. International organizations (IOs) can collaborate with the ICJ as
well.

- Advisory Jurisdiction: This pertains to providing advisory opinions upon

request from UN organs (Security Council and General Assembly) and other
international organizations . Requests for advisory opinions can cover any
legal issue . Opinions are not possible if they involve political matters, the
internal jurisdiction of states, etc. Advisory opinions lack binding force, but in
exceptional cases, they may become obligatory if treaties grant them such
status. Examples include the 1946 Convention on the Privileges and
Immunities of the United Nations , or the 1986 Vienna Convention on the Law
of Treaties between States and International Organizations and between
International Organizations .

The jurisdiction of the International Court of Justice is not mandatory and depends
on the consent, either explicit or implicit, of the parties in the dispute. In certain
instances, competence may become obligatory if states have previously agreed to
submit their disputes to the Court. International Court of Justice judgments are
binding on the parties involved, and compliance with the decided case is required.
The decisions are based on International Law. In case of non-compliance, the matter
may be referred to the Security Council, which can make recommendations or
impose measures to ensure the enforcement of the ruling.
 5. International Tribunal for the law of the sea

The International Tribunal for the Law of the Sea (ITLOS) is an international judicial
body that specializes in resolving disputes related to the interpretation and
application of the United Nations Convention on the Law of the Sea (UNCLOS).
Established in 1996 and with the head office in Hamburg, the ITLOS plays a crucial
role in adjudicating maritime issues, including disputes over boundaries, navigational
rights, and the exploitation of marine resources.

ITLOS consists of 21 independent judges who are elected by States parties to

UNCLOS. Parties involved in disputes before ITLOS have the opportunity to present
their arguments and evidence, and the Tribunal's decisions are binding.

In addition to its role in contentious cases, ITLOS can also offer advisory opinions on
legal questions referred to it by international organizations and specialized agencies.
The Tribunal contributes significantly to the development and clarification of
international law concerning the oceans.

6. Other international courts

​ International Criminal Court (ICC): Situated in The Hague, Netherlands, the

ICC is the first permanent international court established to prosecute
individuals for genocide, crimes against humanity, war crimes, and the crime
of aggression. It aims to bring perpetrators of the most serious international
crimes to justice.
​ European Court of Justice (ECJ): The ECJ interprets and ensures the uniform
application of European Union law. It hears cases brought by individuals,
member states, and institutions regarding the interpretation and application of
EU law.
​ African Court on Human and Peoples' Rights: This court, located in Arusha,
Tanzania, oversees cases related to human and peoples' rights on the African
continent. It complements and reinforces the functions of the African
Commission on Human and Peoples' Rights.
​ Inter-American Court of Human Rights: Based in San Jose, Costa Rica, this
court is responsible for interpreting and applying the provisions of the
American Convention on Human Rights. It hears cases involving human rights
violations in the Americas.
​ International Criminal Tribunal for the Former Yugoslavia (ICTY): Although
now closed, the ICTY played a crucial role in prosecuting individuals for
serious violations of international humanitarian law during the conflicts in the
Balkans in the 1990s.

ANA RODRÍGUEZ DÍAZ

CARLA SÁNCHEZ RAMOS