Peaceful Settlement The 20th century has seen attempts to create institutions and methods by which States might resolve questions peaceably instead of by confrontation and armed conflicts. The UN General Assembly 1982 Declaration on the Peaceful Settlement of International Disputes builds on the United Nation Charter and General Assembly’s Declaration on Principles of International Law regarding Friendly Relations and Cooperation between States. States generally have […]
Internation Arbitration Arbitration is commonly used in international commercial disputes. Many international law principles have been developed in arbitration cases.See the separate section generally on the role of arbitration. The essence of arbitration is that parties agree at the outset, prior to or after the dispute arises, to submit the matter for determination by an arbitrator. The courts in most jurisdictions encourage arbitration as a […]
Generally Prohibited The UN Charter prohibits the use of force by States subject to limited exceptions. There is disagreement as to the scope of the exceptions. There is a principle of self-defence, but it is unclear and controversial as to whether it is available only in response to an armed attack or it allows pre-emptive responses to protect nationals in other States or to counter […]
Security Council The original concept behind the UN Charter was that the Security Council would have an army to deal with enforcement against aggression. This was not realised due to the Cold War. In practice, during the Cold War, the permanent members blocked the Security Council from determining the existence of any threats to peace, breach of the peace or active aggression. The Council is […]
Methods of Resolution Disputes between States are not usually settled by judicial means. Diplomacy is a process of negotiation or mediation between States. It is commonly used to informally resolve disputes. It may also be used in disputes between States and international institutions. Negotiation involves settlement by discussion and compromise. Negotiation may take place through diplomatic means or through particular authorities or bodies. Mediation involves […]
Interest in Matter It is necessary to establish a legal interest in respect of a claim brought to an international forum. Claims may be brought by States on their own behalf or on behalf of their nationals. The distinct questions of locus standi/interest and admissibility arise. In common with other legal systems, international law requires that those who bring a case, have an interest in […]
Domestic Courts Domestic courts may sometimes adjudicate upon disputes between nationals of different countries or disputes with transnational aspects. The court’s competence to hear and decide cases is referred to as jurisdiction. International law limits the extent to which courts may hear disputes in relation to matters of an international nature. Certain entities, including, in particular sovereign entities, may be immune from the jurisdiction in […]