PACIFIC MEANS OF SETTLEMENT OF INTERNATIONAL DISPUTES

INTRODUCTION

The foundation of any system for preserving peace and order is found in its provisions for resolving
conflicts amicably and for resolving circumstances that could otherwise result in the use of force. The
foundation of any charter creating an international organization to uphold peace and security is a strategy for
the amicable resolution of international issues. More attention may be paid to and public interest may
increase in measures for the combined use of national military and economic resources to deter aggression,
especially during times of conflict. However, it must be acknowledged that when nations, like individuals in
a well-ordered society, resolve their conflicts amicably, peace and stability are virtually guaranteed
regardless of the need for collective force.

The General Assembly, Security Council, International Court of Justice, and Secretariat are the UN
bodies that are tasked with resolving conflicts in a peaceful manner as per the Charter plan. Furthermore,
regional agencies for the peaceful resolution of conflicts that may be established under regional
arrangements are recognized by the Charter. All that is necessary is for these regional agencies' operations to
be in line with the organization's goals and guiding principles. Article 1 of the UN Charter1 lists the peaceful
settlement of international disputes as the organization's primary goal. One of the charter's pillars, Article
2(3) of the UN Charter2, requires states to settle disputes amicably, and the entire Chapter VI of the Charter3
specifically addresses this issue.

It is well acknowledged that the Security Council can only take action upon a state's referral of a
matter (Article 35 of the UN Charter).

In addition, the Charter outlines the council's responsibilities as follows: it must urge disputing
parties to resolve their differences amicably (Article 33(2)); it must look into any potentially dangerous
situation or dispute (Article 34); it must recommend suitable procedures or methods of adjustment (Article
36(1)); it must also recommend any terms of settlement that it deems appropriate (Article 37(2)); and if it
finds that there is an act of aggression, a threat to peace, or a breach of peace, it must make binding

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To maintain international peace and security, and to that end: to take effective collective measures for the prevention and
removal of threatsto the peace, and for the suppression of acts of aggression or other breaches of the peace, and to bring about by
peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international
disputes or situations which might lead to a breach of the peace." (Article 1, paragraph 1).

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All Members shall settle their international disputes by peaceful means in such a manner that international peace and security,
and justice, are not endangered" (Article 2, paragraph 3).

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CHAPTER VI: PACIFIC SETTLEMENT OF DISPUTES.
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 PACIFIC MEANS OF SETTLEMENT OF INTERNATIONAL DISPUTES

recommendations or decisions regarding the steps that must be taken to preserve and restore international
peace and security.

These are independent Council powers, meaning that the Council can use them without waiting for a
party or a member state to submit a dispute. Art. 33 states that the Council shall, "when it deems necessary,"
require the parties to settle their dispute amicably. Similarly, Art. 36 states that, "at any stage of a dispute,"
the Council may recommend appropriate procedures or methods of adjustment if the parties' continued
disagreement is likely to jeopardize international peace and security. These provisions serve to emphasize
this point.

Note that the provisions concerning the submission of a dispute or situation to the Security Council
by a United Nations member state (Article 35 (1)) or by a non-member state that is party to the dispute
(Article 35 (2)) come before those pertaining to the Security Council's authority to call on the parties to
settle their dispute and to conduct an investigation. Naturally, the Council is not likely to intervene if the
parties are attempting to settle their disagreement through one of the channels outlined in Article 33;
nonetheless, should the circumstances worsen, the Council is obliged to take into account possible measures
to maintain or rebuild international peace. It may select any one of the listed actions from Articles 33-37 of
UN Charter.

According to Article 37, the parties must take their disagreement to the Security Council if they are
unable to resolve it through their own channels. In general, the United Nations Charter makes a distinction
between the Organization's roles in managing risks to the peace, aggression, or breaches of it (Chapter VII),
as well as the resolution of underlying political conflicts that would have led to the disturbance of public
order (Chapter VI). In the first scenario, the Organization has the authority to suggest (or, in the Security
Council's case, determine) actions, including as the use of force, to preserve or reestablish global peace and
security.

Investigation, conciliation, and mediation are the main strategies utilized in the quest for a resolution
of the political issues that may have given rise to the conflict. If the Security Council "deems that the
continuance of the dispute is in fact likely to endanger the maintenance of international peace and security,"
it may even offer terms of settlement as part of its duties under Chapter VI. In any other case, the parties
must request that the Council make recommendations for terms of settlement, even though it may suggest or
start appropriate processes or procedures of adjustment.4

BACKGROUND OF PACIFIC SETTLEMENT UNDER INTERNATIONAL LAW

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Art. 38
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 PACIFIC MEANS OF SETTLEMENT OF INTERNATIONAL DISPUTES

The international community has long considered international law to be a tool for establishing and
preserving global security and peace. The primary goal of international law has always been to promote
world peace and security.

It served as the fundamental motivation for the League of Nations' and the United Nations'
establishments in 1919 and 1945, respectively. It is consequently in the interest of peace and security that
disputes be resolved, as disagreements between States are always the direct source of war and bloodshed.
The International Law provides methods and procedures for the peaceful (pacific) settlement of conflicts.
Numerous multilateral treaties have been signed by states with the goal of resolving their disagreements and
conflicts amicably.

The two most significant treaties are the 1928 General Act for the Pacific Settlement of Disputes,
which was completed under the auspices of the League of Nations, and the 1899 Hague Convention for the
Pacific Settlement of International Disputes, which was amended by the Second Hague Peace Conference in
1907. In addition, there are regional accords, such the 1957 European Convention for the Peaceful
Settlement of Disputes, the 1964 Protocol of the Organization of African Unity's Commission of Mediation
and Arbitration, and the 1948 American Treaty on Pacific Settlement. Many bilateral and multilateral
agreements contain particular articles pertaining to dispute settlement, in addition to generic treaties on the
subject.

The methods and processes for the peaceful settlement of conflicts are covered in detail in Chapter
VI of the United Nations Charter. The settlement's methodologies and procedures will be briefly covered in
a later section of the report.

MEANS OF PACIFIC SETTLEMENT OF DISPUTES UNDER UN CHARTER

Negotiation, enquiry, mediation, conciliation, arbitration and judicial settlement5 are the several
methods of peaceful dispute resolution provided for in UN Charter Art. 33. Below mentioned is how the UN
has applied these strategies to the resolution of international conflicts.

 Negotiation

The goal of negotiation is to reach a shared understanding or agreement through discussions between
parties with varying degrees of authority. International disputes may be settled by negotiation in their

5
The 1899 and 1907 Hague Conventions for the Pacific Settlement of International Disputes described the object of
international arbitration as the settlement of disputes between States by judges chosen by the parties themselves and on the basis
of respect for law. They further provided that recourse to the procedure implied submission in good faith to the award of the
tribunal. Accordingly, one of the basic characteristics of arbitration is that it is a procedure which results in binding decisions
upon the parties to the dispute.
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entirety or as a necessary step before going to court. States may also have consultations, for example, to set
up a point of contact for the purpose of exchanging information or to hold first conversations. Negotiations
can now be carried out in a variety of ways, including in-person meetings, emails, video conferences, letters,
and phone calls.

Negotiation, at all levels, is the process of interacting with people to resolve conflicts of interest.
While simple negotiation may not legally bind parties to any certain outcome, it may result in outcomes that
the parties are willing to adopt. Parties may be bound by a treaty commitment to negotiate before using
alternative dispute resolution techniques. Negotiation may be viewed as the minimal prerequisite for the
peaceful resolution of international issues in the absence of an agreement on alternative modes of settlement.

One of the peaceful dispute resolution procedures listed in UN Charter Art. 33 is negotiation. There
are two possible outcomes from negotiations: required and voluntary. The UN Charter's Article 33 lists a
mechanism that disputing parties may select. They are not required to do so, with the exception that the
clause requires the parties to use their own peaceful methods to try to find a settlement. A significant step
forward was made in 1990 when the Permanent Five began negotiating over Cambodia6.

Expanding on previous efforts by regional powers, the Five advanced the peace movement toward
the signing of the Paris Agreements the following year by outlining the terms of a deal. The question of the
Council's jurisdiction to act in accordance with Articles 36, 37, or 38 was not discussed. The permanent
members of the group took advantage of a situation where the Cambodian factions were unable to come to
an agreement.

 Mediation

In contrast to other diplomatic techniques, mediation typically involves the mediator actively trying
to get the parties together for additional conversations based on the recommendations and ideas the mediator
would be making along the way, typically in an informal setting and as a consequence of determining and
outlining the parties' core interests in the contentious issue.

In order to achieve this, the mediator may: explain and elucidate the facts of the dispute, typically
depending on the parties' submissions but not excluding the mediator's own findings; suggest terms that, in
the mediator's opinion, would represent a fair settlement of the dispute; and, if successful, eventually assist
the parties with the implementation of the settlement. One significant aspect of mediation is that it is

6
The Cambodian–Vietnamese War was an armed conflict between the Socialist Republic of Vietnam and Democratic Kampuchea.
The war began with isolated clashes along the land and maritime boundaries of Vietnam and Kampuchea between 1975 and 1977,
occasionally involving division-sized military formations. On 25 December 1978, Vietnam launched a full-scale invasion of
Kampuchea and subsequently occupied the country after the Khmer Rouge was removed from power.
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 PACIFIC MEANS OF SETTLEMENT OF INTERNATIONAL DISPUTES

typically carried out under absolute confidentiality to guarantee that the parties can proceed unhindered by
the public.

International organizations have made a substantial contribution to the growth of mediation as a practice,
which is now highly institutionalized. Additionally, it is evident that mediation is becoming more closely
linked to programs pertaining to the upkeep of global security and peace. In relation to the Soviet invasion
of Hungary in 1956, the UN Secretary-General made an attempt to mediate, but the Soviet Union rejected
this proposal. Additionally, the Secretary General attempted to give good offices in the Falkland Islands
dispute but was unsuccessful.

The Secretary General also made an attempt at mediation over the territorial dispute between
Venezuela and Guyana. In actuality, international organizations carry out a wide range of mediation
activities that are not recognized as such because they are connected to peacekeeping missions or other
related agreements. This is true, for instance, of the role of the UN Secretary General's envoy for Haiti (the
war in Haiti) and Cyprus. It has been suggested that either party may petition the UN Security Council to
name the mediator in cases when the parties to a dispute have consented to mediation but cannot agree on a
mediator.

The role of the mediator in neither preventing international disputes nor ensuring their settlement has
been enhanced. Various initiatives developed within the ambit of the UN to overhaul the role of the
organization in the field of peace and security, including internal conflict, has envisaged a role for mediator
either directly or indirectly. This is particularly true of the Manila Declaration of 19827 on the Peaceful
Settlement of Disputes and the 1988 Declaration on the Prevention and Removal of Disputes and Situations
which may threaten International Peace and Security.8 Additionally, these declarations address the UN's role
in this area, which resulted in the UN Doc S/24111, the 1992 Agenda for Peace proposals, and other
initiatives for the development of preventive diplomacy and dispute settlement related to UN Charter reform.

 Conciliation

Conciliation is a method of resolving international disputes of any kind in which a commission

appointed by the parties, either permanently or on an as-needed basis, impartially examines the dispute and
attempts to define terms of a settlement that the parties can accept, or that provides the parties with the
assistance they may have requested in order to settle the dispute. The desire for a peaceful resolution to be

7
(UNGA Res 37/10[5 November 1982]UN Doc A/RES/37/10, Annex).
8
(UNGA Res 43/51[5 December 1988]UN Doc A/RES/43/51).
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communicated by both parties is a prerequisite for conciliation. Conciliation is traditionally used to resolve
disagreements between states.

International conciliation currently handles transnational issues, or disagreements between states and
non-state parties, as a result of the growth of trade and economic law. The panel is made up of impartial
individuals that the parties either chose or assisted in choosing. It lacks both political clout and independent
authority. Typically, conciliation involves the parties agreeing to put their disagreement on hold while
working closely with the panel and not to escalate it further. Trade-related conciliation has evolved, as
evidenced by the UNCITRAL Model Law on International Commercial Conciliation (2002) and the
Conciliation Rules of the United Nations Commission on International Trade (UNCITRAL).

It should be noted that the General Assembly asked the Advisory Committee on the Congo to name a
conciliation commission for the Congo in accordance with the Secretary-General's advice in resolution 1474
(ES-IV) of September 20, 1960, within the parameters of the UN operation in the country. The group, which
was made up of delegates from a few Asian and African nations, worked on its task from 1960 to 1961. The
President of the General Assembly appoints the members of the Commission of Conciliation for the Congo,
which was established by the General Assembly once more in 1961 by resolution 1600 (XV) of April 15,
1961. Nevertheless, the Congolese government never requested that the committee carry out the task for
which it was formed.

 Fact Finding or Inquiry

In 1963, the UN General Assembly recalled Art. 33 UN Charter, and tasked the UN Secretary
General with investigating the role of inquiry as a means for the peaceful settlement of disputes or their
prevention in bilateral or multilateral conventions and in the framework of International Organizations. The
primary goal of fact finding is to clarify the disputed facts through impartial investigation, which would then
facilitate the parties' objective of identifying the final solution to the dispute.

The UN Security Council has the authority to look into any situation or dispute that could cause
international tension or spark a dispute under Article 34 of the UN Charter in order to assess whether
continuing the situation or dispute could endanger the preservation of global peace and security. Here, the
Security Council was given the authority to launch an investigation in any event that could give rise to a
dispute under the previously mentioned circumstances. The relevant subject may also be brought to the
attention of the Security Council and the General Assembly, the latter of which may only offer
recommendations about the situation under consideration at the Security Council's request, according to Art.
35 of the UN Charter.

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 PACIFIC MEANS OF SETTLEMENT OF INTERNATIONAL DISPUTES

The inquiry method has been widely utilized by the UN Security Council, UN Security General, and
General Assembly to order a number of committees, commissions, missions, or panels to look into claims of
human rights violations, individual assassinations, or county-specific probes. The first commission for
investigation was not established by the UN Security Council until March 22, 1979.

The panel was requested, in light of Res 446, to look into the circumstances in Jerusalem and assess
whether Israeli settlement policy complied with international law. In 1995, the UN Security Council formed
a commission to investigate the genocide in Burundi, and in 2004, it established a committee to investigate
international law crimes in Sudan's Dafur area. In a similar vein, it also asked peacekeeping forces to carry
out fact-finding investigations in cases of crimes, such as those in Sierra Leone and Liberia.

 Good Offices

It is among the least intrusive third-party involvements. It refers to the intervention of a third person
who just offers the disputing parties encouragement to resume talks or facilitates their reunion. Negotiations
are not supposed to involve the third party. It's interesting to note that the UN Charter, Article 33, does not
include good offices in the list of methods for conflict resolution. Locating real-world instances where the
good offices mechanism has been used is more challenging. Despite using the term "good offices," many of
the incidents that are frequently cited were actually cases of mediation.

This is the case, among other things, for the Secretary General of the United Nations' good offices
missions. He has handled numerous conflicts, some of which have been worldwide and others domestic
(such as those involving Guatemala, Cyprus, Thailand, the Suez Crisis, the Iran-Iraq War (1980–1988),
Yemen, Nicaragua, and Macedonia). He wasn't always successful, but he was at times. The good offices of
the Secretary-General have also been extended to handle conflicts pertaining to decolonization and non-self-
governing territories, such those involving East Timor and the Falkland Islands (Malvinas). Even if the
phrase "good offices" was used, it is evident that his involvement went much beyond what was meant by
"good offices," as previously stated.9

 Judicial Settlement of Disputes

Standing tall in the international judicial sphere is the ICJ. One of the main United Nations bodies is
the International Court of Justice. It is the main court system and the only one having a global membership
and purview. Its two roles are to provide advisory opinions on legal questions submitted by duly authorized
international organizations and to resolve disputes brought before it by governments in conformity with
international law. The Court's Statute, an essential component of the UN Charter, ipso facto binds all UN

9
Ruth Lapidoth, “Good offices”, Max Plank Encyclopedia Of Public International Law,(2006).
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members. However, the court can only consider a matter if the relevant States have consented to its
jurisdiction.

The International Court of Justice is empowered to hear cases in "any cases which the parties refer to
it and all matters specially provided for in the Charter of the United Nations or in treaties and conventions in
force," as stated in Article 36 of its Statute.10 The Council only advised the parties to seek recourse from the
International Court in relation to the Corfu Channel and Aegean Sea disputes. The 1982 United Nations
Convention on the Law of the Sea established the International Tribunal for the Law of the Sea, 65 which
has jurisdiction over issues pertaining to the law of the sea, as another international instrument for judicial
settlement.

The Council has employed Chapter VI in a number of ways in recent years. Through talks with the
Political Committee of the Lusaka Agreement, for instance, it has engaged in direct communication with the
disputing parties. In an effort to avoid and end wars in Africa, it has made an effort to collaborate more
closely with the Economic and Social Council as well as other regional and sub-regional organizations.

PEACEFUL SETTLEMENT OF DISPUTE BY UNITED NATIONS

One of the United Nations' most significant responsibilities is the settlement of international disputes.
According to the United Nations Charter, it is the organization's responsibility to resolve international
disputes or circumstances that could result in a breach of peace through peaceful means and in accordance
with the principles of justice and international law. In order to do this, the Charter offers a framework for the
peaceful resolution or adjustment of international conflicts or circumstances. This framework establishes the
broad jurisdiction of the UN in these matters and imposes matching duties on UN members.

The Charter's Chapter VI primarily outlines this structure. The United Nations procedure for the
settlement of disputes in the Pacific is contained in Chapter VI of the Charter. The parties to a dispute whose
continuation is likely to jeopardize the maintenance of international peace and security are required by
Article 33 to settle the disagreement by any of the peaceful ways listed therein, or by any other peaceful
means of their choosing.

In cases where the involved parties neglect their duties or are unable to resolve their differences, the
UN will step in to evaluate the conflict and provide suggestions. The principal authority in this regard is
assigned to the Security Council (UN charter art. 24(1)). It has the authority to step in on its own initiative,
at the request of any UN member, at the General Assembly's invitation, or in response to a dispute party's
complaint (UN charter arts. 11(3)).

10
Malcolm N Shaw, “International Law”, 6th ed., Cambridge University Press,(2004).
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THE SECURITY COUNCIL MAY FOLLOW THREE COURSES OF ACTION

 Firstly, it has the authority to request that the disputing parties use one of the nonviolent methods
specified in Article 33 (UN charter art. 33 (2)).

 Second, in accordance with UN charter art. 36(1), it may suggest to the parties suitable processes or a
settlement approach.

 Third, in accordance with UN charter article 37(2), it may suggest terms of settlement.

While the Security Council is assigned the primary responsibility for preserving global peace and
security under the Charter, the General Assembly is not prohibited from carrying out its function. The
General Assembly may debate and recommend procedures, methods of adjustment, or terms of settlement
for any dispute or situation that is brought before it under Articles 11, 12, and 14. The Security Council, any
member of the UN, or any State party to the dispute may bring the disputes or circumstances before the
General Assembly (UN charter art. 35.).

UN’s ROLE IN PEACEFUL SETTLEMENT OF DISPUTES

When considering the UN's role in resolving disputes amicably, observers typically fall into one of
two categories. The first sees the glass as more than half full, believing that the Organization could do much
more if its member states used the procedures that are outlined in the Charter. This group views the UN as
an entity that can impact and resolve conflicts, thereby promoting global peace. The non-coercive methods
to achieve this are provided in Chapter VI; the UN's efficacy is not diminished in the absence of coercive
measures.

The UN is viewed as almost empty by those in the opposing camp, who also think that the idea of
collective security is absurd and that the UN has failed to effectively resolve crises. The critics, who take a
typically realist stance on politics, contend that the UN can only represent the unique preferences of its
member states. Apart from serving as a platform for discussions, the Organization is unable to effectively
promote global harmony and safety.

Every camp, of course, has its own empirical facts. The optimists usually point to two areas of UN
success: the effectiveness of some UN peacekeeping missions and the history of UN diplomatic
interventions that have helped to reduce tensions in specific circumstances.11 The second highlights how

11
See, e.g., Franck and Nolte, "The Good Offices Function of the UN Secretary-General', and Morphet, 'UN Peace-keeping and
Election-Monitoring', in A. Roberts and B. Kingsbury (eds), United Nations, Divided World: The UN's Roles in International
Relations (2d ed., 1993) 143, 183.6 EJIL (1995) 426-444as sited in, See,Steven R. Ratner , “Image and Reality in the UN's
Peaceful Settlement of Disputes,”.
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peacekeeping has helped to stop and stop hostilities from getting worse in places like Kashmir, Cyprus, the
Golan Heights, and other places. In addition, proponents of optimism can consistently highlight the UN's
distinctive role as a platform for conflict resolution and impartial fact-finding.

The doubters answer right away. They provide research demonstrating the UN's meager, if not
nonexistent, involvement in the settlement of conflicts, particularly those involving the use of force. Since
the episodes presented by the optimists hardly ever depict the UN conclusively resolving a war, they are
either proof of the general theory or an exception to it.12

RELEVANCE AND SIGNIFICANCE

A key element of international relations and one that is vital to preserving world peace is the
peaceful resolution of disputes. International disputes are included in the Peaceful Settlement of Disputes.
The UN Charter's Article 2(3) mandates that parties to such conflicts look for amicable solutions.
Determining whether an act of aggression, a breach of peace, or a threat to peace has occurred is the
responsibility of the UN Security Council. It is tasked with implementing the required changes to preserve
and advance global peace and security. The UN Charter's Chapter 6 describes the peaceful resolution of
conflicts. It entails cooperation between regional agencies and authorities, investigation, mediation,
conciliation, arbitration, judicial resolution, good offices, arbitration, and other peaceful techniques.

TERMINATION

The foundation of international law and a necessary component of preserving world peace and
stability is the peaceful settlement of conflicts. The Permanent Five would be better off using Chapter VI's
gentle approach rather than the harsh hammer of enforcement measures to create a single law for the UN. Its
procedures for the amicable resolution of conflicts and circumstances impacting global peace and security
are still applicable now more than ever.

Naturally, the primary inquiry is: what is the best way to select an appropriate method of settlement?
Prior to attempting to address that inquiry, it could be beneficial to emphasize a few points. Unless the
parties have agreed otherwise, international law requires that conflicts be resolved amicably.

However, there is no requirement to use a particular procedure. States have a choice between using
judicial or diplomatic channels. The International Court's procedures are undoubtedly stricter; international
law must be followed, as well as the steps outlined in the Statute and Rules of Procedure. However, by

12
See, Touval, 'Why the UN Fails', Foreign Affairs (September/October 1994) at 44; Mearsheimer, "The False Promise of
International Institutions', International Security (Winter 1994/95) 5.
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having the option of chamber adjudication, the parties can have some say in the selection of the judges who
will hear their case.

Though in an ideal world, legal conflicts would be settled through the application of the law, we all
know that in practice, political and economic considerations sometimes take precedence. However, in
certain situations, the application of law—particularly international law—can be crucial. As a result, even if
we must be realistic in realizing that the power of law to resolve disputes is limited, we should also never
undervalue it and continue to support its enormous potential.

The first four procedures of settlement specified in Article 33—negotiation, investigation, mediation,
and conciliation—are neither judicial nor diplomatic in nature. In other words, these are techniques and
processes wherein the disputing parties are involved, either in isolation (negotiation) or in conjunction with a
third party (inquiry, mediation, conciliation).

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REFERENCES

Yoshifumi Tanaka, The Peaceful Settlement of International Disputes (Google Books, Cambridge
University Press, 1st edn., 2018).

Peaceful Settlement of Disputes (Asian-African Legal Consultative Organization, New Delhi, 2021).

Mohit Choudary, Peaceful Settlement of Disputes (Legal Service India, KR Mangalam University,
Haryana, 2021).

Pacific Settlement of Disputes (Chapter VI of UN Charter) | United Nations Security Council. (n.d.-b).

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