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Disputes (political)
Article 2(3) of U.N. Charter All members shall settle their
international disputes by peaceful means in such a manner
that international peace and security and justice are not
endangered
1970 Declaration on Principles of International Law
Concerning Friendly Relations and Co-operation among States
States shall accordingly seek early and just settlement of
their international disputes by negotiation, inquiry, mediation,
conciliation, arbitration, judicial settlement, resort to regional
agencies or arrangements or other peaceful means of their
choice
Security Council
Ch. VI Pacific Settlement of Disputes - the Security
Council "may investigate any dispute, or any
situation which might lead to international friction
or give rise to a dispute Non-binding
Ch. VII - the Security Council has more power to
decide what measures are to be taken in situations
involving "threats to the peace, breaches of the
peace, or acts of aggression".
includes the use of armed force. This was the legal basis
for UN armed action in Korea in 1950 during the Korean
War and the use of coalition forces in Iraq and Kuwait in
1991 and Libya in 2011.
Decisions in Ch. VII are binding upon UN Members
General Assembly
May discuss any question or matter within the scope of
the Charter, including the maintenance of international
peace and security, and may make recommendations
to the members of the U.N or the SC > non-binding
Uniting for Peace, General Assembly Resolution 377
(1950) - where the Security Council, because of a lack
of unanimity amongst its five permanent members,
fails to act as required to maintain international peace
and security, the General Assembly shall consider the
matter immediately and may issue any
recommendations it deems necessary in order to
restore international peace and security.
With a 2/3rds vote in the General Assembly, they can override a Security Council Veto
International Organizations
GATT, WTO, NAFTA, ECOWAS, World Bank
Arbitration
Where diplomacy has failed, arbitration is arguably the
most effective and equitable manner of dispute settlement
Unlike litigation, arbitration usually takes place out of court.
The two sides select an impartial third party, known as an
arbitrator; agree in advance to comply with the arbitrator's
award; and then participate in a hearing at which both
sides can present evidence and testimony
Parties generally chose the arbitration method because of
its flexibility, shortness, and because the parties have more
control
Also the appropriate mechanism to utilize between states
and international institutions, since only states may appear
before the ICJ
Permanent Court of Arbitration (PCA) or special Tribunals
such as the Iran-United States Claims Tribunal (IUSCT)