Saturday, 3 January 2015

Settlement Of International Disputes| Law

                 International dispute is a contradiction between two states. Once a dispute has arisen there are only two methods by which it may be settled.  “The disagreement on a point of law and fact, conflict of legal views or interest between two states”  Intervention of government  Reasonable action by aggrieved party  There must be a reasonable subject matter Modes of settlement must be available. All members are required to refrain from the threat or use of force in their international relation.



 Modes of settlement of international dispute can be classified into two heads. “All members shall settle their international disputes by peaceful means”.  There are two kinds of peaceful means of settlement.  Extra judicial peaceful means of settlement are discussed under art 33-38 of United Nations charter 1945 which are as follow. Negotiation means intercourse between the government by their agents, diplomats, envoys and ambassadors.


  Shimla conference 1976 between Pak and India When two states are not able to resolve their dispute than 3rd party can offer a good office and creates atmosphere for settlement  Dispute between Netherlands and Indonesia 1947 good office was United Nations Security Council. Mediation means to be in middle where a state comes in the middle of two states which are parties to the dispute.

  Pakistan and India over Kashmir in 1965 Russia became middle man
Inquiry is not an independent mode of settlement. It is always along with other methods.  Arbitration is a method
through which a    dispute is referred to a person called arbitrator. His decision is known as award. A judicial settlement of international dispute can only be made by one court called international court of justice. 

 Diplomatic relations are ended and diplomatic agents may be withdrawn in the settlement of dispute through restoration. Reprisal is a coercive measure and it
shall be legal when other party does and unjustified act. Embargo means that affected state becomes entitles to create obstructions in the transport of ships which are in territory of affected state. Pacific blockade is that ingress and aggress of the ports of the state could not move to any other way.


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