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Dispute Settlement between States - Essay Example

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Peaceful settlement of international disputes is considered the main objective in maintaining peace and security as legislated in significant principles of Article 2(3) of the United Nations Charter. The legislation states that all members of the United Nations are to settle international disputes in a manner that shall not endanger international peace, security, and justice…
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Dispute Settlement between States
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Download file to see previous pages Hence, it is a duty of the members of the United Nations to settle international disputes through peaceful means, which may cover either legal or political character.
In the internal legal system of a state, it would be generally perceived that the dispute to be settled is legal. That is, when there is a dispute between individuals on rights, duties, and liabilities in accordance to law or legalization, the settlement of such may be carried out by negotiation or conciliation - that is, bringing the dispute to the consideration of a third party body which may act as an "arbitrator." The arbitrator may be a permanent organization of a state which shall serve as the "court," wherein both the arbitrator and the court shall consider the dispute by the principle of law, which essentially means that the rulings of the arbitrator and the judgment of the court shall legitimately bind the disputing parties.
In the international legal system, the meaning and scope of the settlement of international disputes are broader than the settlement of internal legal disputes (Hill 1945). ...
r since a state cannot be forced to settle international disputes without its consent, implying that the international legal system does not have any mechanism to force any state to settle disputes (Glahn 1970). It is explicit that in the international law, there is not one state, which, without its consent, shall be forced to propose a compromise, arbitration, or any other peaceful means of settling a dispute with another1.
The principle of international law evident in the advice of the Permanent Court of International Justice is still deemed practical and accepted by members of the international community because even the United Nations Charter stipulates that there is not any enforcing measure for its members in the settlement of disputes (Glahn 1970). It is however stipulated as a duty of all members of the United Nations that if a dispute is to be settled, the parties concerned shall settle it through peaceful means2. Since issues of international disputes can be of any character, the settlement of international disputes is therefore not always related directly to international law. For example, an international dispute of a political issue may not require international law in consideration. However, even though international disputes of political nature, or of any other nature, are not related directly to international law, the disputing parties have to settle their dispute by peaceful means as stipulated in the principles of international law and as evident in Articles 2(3) and 33(1) of the United Nations Charter. The disputing parties may exploit any means of peaceful settlement between each other as long as they have mutually agreed upon a direct negotiation between them, such as establishing a joint working group for inquiry of facts, introduction of a ...Download file to see next pagesRead More
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