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Thread: The amicable/ peaceful methods of settlement are ideal.

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    Word Icon 35px Jpg.ashx The amicable/ peaceful methods of settlement are ideal.

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    (a) Briefly highlight such means.
    (b) Give a detailed view of the other (coercive) means for settlement of international disputes.
    (c) Which mode suit the present day post modern era of this planet. (2001)
    Q. What do you understand by the term "international disputes". what are the peaceful and coercive means for settlement of international disputes. (2003)
    Q. Discuss various diplomatic methods for peaceful settlement of peace. (2005)
    1. Introduction:

    International dispute is disagreement between two or more more states on a point of law or fact international law lays down the procedure for the settlement of international disputes because it has lays been the objective of international law to develop means and ways through which the disputes among the nations may be resolved.
    2. Meaning of international dispute:
    Mavommatis Palestine concession case PCLJ serives A o. 2 P. 11
    "A disagreement on a point of law or fact, a conflict of legal views or interest between two persons."
    3. Causes of international disputes:
    Main causes of international disputes are as under.
    i) Ideological difference.
    ii) National integrity.
    iii) Territorial claim.
    iv) National prestige.
    v) Unlimited colonialism.
    vi) Liberation moveement.
    4. Conditions:
    According to Prof. Lawrence:
    In order to acquire the states of international dispute the following requisites must be fulfilled.
    (a) The dispute must be between states.
    (b) The dispute must relate to reasonable, well defined subject matter.
    (c) The dispute must lead to some action by the aggrieved state.
    5. Origin of rules and procedure:
    The rules and procedure are derived from.
    (a) Matters of custom or common practices.
    (b) Large number of law making treaties.
    6. Kinds of settlement:
    I. Peaceful or amicable means of settlement:

    The charter of the united nations has recognized the peaceful settlement of disputes as on the principles of united nations. following are the modes of peaceful settlement.
    (i) Arbitration:
    Arbitration is a method to settle a dispute by a certain persons called arbitrators. the decision of arbitrator. Article 15 of the Hague convention lays down that "international arbitration has for its object the settlement of differences between states by judges of their own choice and on the basis of respect of law."
    (ii) Judicial settlement:
    Judicial settlement is peaceful mode to settle the international dispute. at present there is a court which is called international court of justice, which decide the international disputes. the decisions of the international court of justice are binding upon the parties concerned.
    (iii) Negotiation:
    It is inter course between states for the purpose of arriving at a settlement of the dispute. it may be carried out the head of the states or diplomatic agents. negotiation is the simplest form of settling the international dispute by the state.
    (iv) Good offices and mediation:
    When the parties refuse to negotiate usually a friendly third state assists in solution of international dispute. the third state plays its role without participating in the negotiation between the parties. in mediation third state not only offers its services but actively participates in talks to resolve disputes.
    (v) Conciliation:
    Conciliation is process of formal proposals of settlement after an investigation of a facts by a commission or committee.
    (vi) Enquiry:
    Enquiry is used with other methods. in enquiry facts are investigated. the main purpose of enquiry is to make investigation of the relevant matters so as to establish facts which may help the ultimate solution of the problem.
    (vii) United nation:
    Settlement of disputes by peaceful means is one of the principles of the united nation as provided under article 2 para 3 of the charter. the general asserably and security council has been given wide powers in respect of pacific settlement of international disputes.
    7. Compulsive or coercive means of settlement:
    If international disputes are not resolved through peaceful manners it can be resolved through forcible methods.
    (i) Restoration:
    Restoration is a reaction by a state against discourteous or inequitable acts of another state such retaliation taking the form unfriendly legitimate act within the competence the state whose dignity has been affronted. through this means diplomatic relation may be ended, privileges of diplomatic agents may be withdrawn and economic facilities may be stopped.
    (ii) Reprisals:
    A reprisals consists of act which would generally otherwise be quite illegal whereas restoration consists of retaliatory conduct to which would otherwise be a quite illegal whereas restoration consists of retaliatory conduct to which no legal objection can be taken.
    (iii) Pacific blocked:
    Blockade is coercive means for the settlement of disputes. it consists in temporary suspension of commerce of the offending state by the closing of access to its coasts. when blocked is applied during war it is called as pacific blockade. through pacific blocked ingress and agrees of ports of a state are blockaded.
    (iv) Embargo:
    Embargo is detention of ships in port. according to Hyde embargo is detention within the national domain of ship or other property otherwise likely to find their way to the foreign territory. this method may be applied by a state in respect of its own vessels or to the vessels of other states.
    (v) International:
    International is dictatorial interference by a state in the affair of another state for the purpose maintaining the actual condition of things.
    8. Conclusion:
    To conclude it can be said that international dispute is a disagreement on the point of law or fact between two states. the international law provides different means to settle the dispute which may pacific and coercive `or compulsive. today the pacific means are best modes to settle the international disputed.

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