The Hague Peace Conference of 1899, marked a new phase in the history of international arbitration. It ended by adopting a Convention on the Pacific Settlement of International Disputes, which dealt not only with arbitration but also with other methods of pacific settlement. Then the league of Nation created a Permanent Court of International Justice in 1922, before the United Nations' International Court of Justice creation in 1946. However, today, the sources are vast when we refer to the regulation of disputes in international law. Treaties, conventions and supranational organizations are such numerous that we may seem lost when it deals with pacific settlement of conflicts, that is to say the exit (without the use of force) of a dispute situation between States, for economic or territorial reasons for example. This impression is reinforced when we know that the parties in dispute can choose between all the means to regulate it, according to their own interests.
[...] Do they always make parties reach a pacific regulation of their dispute? Blaise Pascal said "Justice without force is powerless; force without justice is tyrannical." In a first part, I will study on the diplomatic means, then I will focus on the adjudication means. In my final part, I will see that the UN Security Council is also a ultimate mean of regulation, without or perhaps before the use of force. I. Diplomatic means First of all, States can regulate their disputes by diplomatic means, in mutual dialogue or with the help of a third party. [...]
[...] Thus the parties assume they are working against each other, not cooperatively. As in court-based adjudication, arbitration outcomes are typically win- lose, not win-win. If the parties can indirectly decide who are the arbitrators, there are no means of appeal and the ruling is made according to public international law, not with equity like in conciliation process. In general, States can have an arbitration compromise clause in their treaties, that impose the use of an arbitration if a dispute appears. The disadvantages of arbitration stem from the same characteristics. [...]
[...] If they are not mentioned in the article 33 of the UN charter, consultation and exchange of views are also a kind of negotiation, which can be found for example in the Vienna Convention of 1975 or in the UN convention about Sea Law in 1982. Basically, treaties make compulsory the use of those negotiations when a dispute appears between member States, but this process can be launched out of any treaty by a State in dispute which proposes to the other to solve their difference with negotiations. The UN can also impose to countries the use of negotiations when a conflict may jeopardize peace. [...]
[...] In addition, arbitration takes decision making power away from the parties. This results in a resolution of the current conflict, but does nothing to help the parties learn how to resolve their own conflicts more effectively in the future, as does mediation. Like other regional organizations, the The Organization for Security and Co- operation in Europe has an arbitration court to deal with disputes between its member States. B. Judicial decisions . The UN International Court of Justice that replaced the League of Nations' Permanent Court of International Justice is the first worldwide jurisdiction able to settle disputes. [...]
[...] However, they are mentioned in a lot of regional organizations' charters, such as in the Organization of American States (article following are peaceful procedures: direct negotiation, good offices, mediation, investigation and conciliation, and those which the parties to the dispute may especially agree upon at any time. We could also think about the African United Organization or the Arab League. II. Adjudication means In this category of means, the third party is placed over the parties in dispute and its ruling has a binding nature. We will see here two adjudication means: arbitration and judicial ruling. A. [...]
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