The Mountain Produced a Mouse: The CSCE Meeting of Experts on Peaceful Settlement of Disputes, Valletta 1991

1992 ◽  
Vol 5 (1) ◽  
pp. 91-97
Author(s):  
P.H. Kooijmans
Keyword(s):  
Dispute Settlement ◽  
Foreign Affairs ◽  
Third Party ◽  
Permanent Commission ◽  
East European ◽  
Peaceful Settlement ◽  
Draft Convention ◽  
Acceptable Method ◽  
Settlement Of Disputes

From the very beginning peaceful settlement of disputes has been on the agenda of the Conference on Security and Cooperation in Europe. Principle V of the first chapter of the Final Act of Helsinki of 1975 (the so-called first basket) reaffirmed the obligation of the participating states to settle their disputes by peaceful means. The Final Act, however, does not provide a mechanism through which such disputes can be resolved. The Swiss delegation had submitted in 1973 a draft-convention (called the Bindschedler-proposal after its auctor intellectualis Rudolf Bindschedler, the Legal Advisor of the Federal Ministry of Foreign Affairs), containing a detailed system of compulsory dispute settlement. A distinction was made between judiciable and non-judiciable disputes. Judiciable disputes would be submitted to a permanent Arbitral Tribunal, non-judiciable disputes to a permanent Commission of Inquiry, Mediation and Conciliation. This proposal was, however, unacceptable to the East European states (with the exception of Romania) which had always rejected the idea of compulsory third-party dispute settlement, whereas the greaterpart of the Western states, although in principle favourable to a system of compulsory dispute settlement, had serious objections against the substance of the Swiss proposal, inter alia with regard to the rather artificial distinction between judiciable and non-judiciable disputes. The Swiss delegation did not insist on its proposal and went along with a clause in the Final Act which provided for a follow-up meeting of experts with the task “to pursue the examination and elaboration of a generally acceptable method for the peaceful settlement of disputes aimed at complementing existing methods”. It was decided that this meeting of experts was to be convened by Switzerland afterthe first follow-up meeting which was planned for 1977 in Belgrade.

scholarly journals International Law and dispute settlement mechanism

2016 ◽  
Vol 17 ◽  
Author(s):  
Carlos Ricardo Caichiolo
Keyword(s):  
International Law ◽  
21St Century ◽  
International Conflict ◽  
Dispute Settlement ◽  
Third Party ◽  
Dispute Settlement Mechanism ◽  
Peaceful Settlement ◽  
Feasible Solutions ◽  
Settlement Of Disputes ◽  
Settlement Mechanism

The DSM, or Dispute Settlement Mechanism, in the absence of a judicial body, is the closest representation of a supreme court or judicial institution in a regional bloc or other international organisation. The search for a peaceful settlement of disputes in the international arena had led to the development of the DSM during the 20th and into the 21st century. The DSM acts as an impartial third party, wherein it intervenes in any international conflict to offer feasible solutions for both sides.O MSC, ou Mecanismo de Solução de Controvérsias, na ausência de um órgão judicial, é a representação mais próxima de uma Corte Suprema ou de instituição judiciária em um bloco regionl ou em organização internacional diversa. A busca por um meio pacífico de solução de disputas no meio internacional levou à criação do MSC ao longo dos séculos XX e XXI. O MSC age como um terceiro imparcial, na medida em que ele intervém em conflitos internacionais com o intuito de ofertar soluções possíveis para as partes envolvidas.

10. Peaceful settlement of disputes

2019 ◽  
pp. 128-143
Author(s):  
Ilias Bantekas ◽  
Efthymios Papastavridis
Keyword(s):  
Dispute Settlement ◽  
General Assembly ◽  
International Court Of Justice ◽  
Peaceful Settlement ◽  
International Court ◽  
The Icj ◽  
Un General Assembly ◽  
The One ◽  
Settlement Of Disputes ◽  
Advisory Opinions

This chapter examines the means and methods relating to the peaceful settlement of international disputes. The UN Charter obliges States to resolve peacefully their disputes and suggests certain means for such settlement: on the one hand, diplomatic means, like negotiation, mediation, conciliation, or the ‘good offices’ of the UN Secretary-General and, on the other, legal methods, such as arbitration and recourse to the International Court of Justice (ICJ), which are binding. The ICJ exercises its jurisdiction over contentious cases only upon the consent of the parties to the dispute, which may be expressed through various forms (e.g. compromis or optional clause declaration). The ICJ may also render advisory opinions to questions of international law posed by the UN General Assembly, the Security Council, or other competent organs and organizations. The chapter also explains dispute settlement in the context of international investor–State arbitration and in the World Trade Organization.

12. The peaceful settlement of disputes

2017 ◽  
Author(s):  
Anders Henriksen
Keyword(s):  
Security Council ◽  
Dispute Settlement ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
Peaceful Settlement ◽  
International Court ◽  
Un Security Council ◽  
Settlement Of Disputes ◽  
Advisory Opinions ◽  
The Relationship

This chapter discusses some of the more relevant methods for peaceful dispute settlement. It begins by introducing a number of non-adjudicatory settlement mechanisms and providing a brief overview of the role played by the UN. It then discusses the adjudicatory means of settling disputes, including international arbitration; the competences and powers of the International Court of Justice; issues of access to the Court and the Court's jurisdiction in contentious cases; the power of the Court to issue provisional measures; the effects of the Court's decisions; the relationship between the Court and the UN Security Council; and the Court's competence to issue advisory opinions.

The Prohibition of the Use of Force and Non-Intervention

2016 ◽  
Author(s):  
Jean Michel Arrighi
Keyword(s):  
Member State ◽  
Dispute Settlement ◽  
Use Of Force ◽  
Member States ◽  
American States ◽  
Peaceful Settlement ◽  
Collective Self ◽  
History Of ◽  
Settlement Of Disputes ◽  
Self Defence

This chapter examines the principles governing relations among member states of the Organization of American States (OAS) as embodied in the OAS Charter, including reciprocal assistance, collective self-defence and defence of democracy, abstention from the use of force, peaceful settlement of disputes, and non-intervention in the affairs of another member state. It begins by looking at the history of disputes in the Americas, including those arising from border delimitation and demarcation issues, and early efforts to address them. It then discusses the adoption of the Inter-American Treaty of Reciprocal Assistance in 1947 and the establishment of the OAS, together with the adoption of the American Treaty on Pacific Settlement (‘Pact of Bogota’), in 1948. The chapter considers a number of cases in which the provisions embodied in the OAS Charter, particularly the use of force in dispute settlement, were applied.

An Appraisal of the Gulf Cooperation Council's Mechanisms for Co-operation and the Settlement of Disputes

2020 ◽  
Vol 10 (2) ◽  
pp. 321-345
Author(s):  
Abdulmalik M. ALTAMIMI
Keyword(s):  
International Law ◽  
Dispute Settlement ◽  
Legal Analysis ◽  
Commercial Arbitration ◽  
Public International Law ◽  
Interstate Disputes ◽  
Basic Law ◽  
Peaceful Settlement ◽  
Arab League ◽  
Settlement Of Disputes

AbstractThis paper aims to provide a comprehensive legal analysis, reminding the reader of the missing roles and potential of the the Gulf Cooperation Council [GCC]. Interstate disputes threaten the very existence of the GCC. Moreover, they call into question the GGC's mechanisms for co-operation and for ensuring the peaceful settlement of disputes. For instance, the GCC's Charter, commercial arbitration rules, and the Basic Law of the Economic Judiciary Commission all provide provisions for peacefully settling disputes between GCC Member States and their citizens. GCC states are also members of the League of Arab States [Arab League], another important regional organization with dispute settlement procedures. However, GCC and Arab League judicial and quasi-judicial mechanisms have not been invoked to date, arguably because the states prefer a diplomatic settlement. This paper reviews the GCC's mechanisms for co-operation and dispute settlement, referencing public international law to formulate recommendations to reform the GCC.

scholarly journals PERLINDUNGAN HUKUM TERHADAP KONSUMEN YANG MENGALAMI KERUGIAN AKIBAT PENGIRIMAN BARANG OLEH PERUSAHAAN EKSPEDISI LAUT MENURUT UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN

2021 ◽  
Vol 2 (01) ◽  
pp. 12-23
Author(s):  
Roida Nababan ◽  
Martono Anggusti ◽  
Sonya Lorensa Sirait
Keyword(s):  
Consumer Protection ◽  
Dispute Settlement ◽  
Road Traffic ◽  
Shipping Company ◽  
Legal Remedy ◽  
Peaceful Settlement ◽  
The Law ◽  
Settlement Of Disputes ◽  
Actual Price

The responsibility of the shipping company in reimbursing losses suffered by consumers in the delivery of goods resulting from damage to goods or loss of goods then looking for evidence that damage and loss of goods occur due to transportation of goods to the detriment of the consumer in accordance with Article 188 of Law No. 22 of 2009 concerning Road Traffic and Transportation and Article 1 number 1 of Law No.8 of 1999 concerning Consumer Protection. From the results of the study it can be concluded that first, if the goods transported are lost / stolen or damaged due to the fault of the transporting company, then he must be responsible. Second, the legal efforts undertaken by the consumer, namely the resolution of disputes outside the court, the peaceful settlement of disputes by the parties to the dispute is a legal remedy that was first attempted by the parties to the dispute, before the parties chose to settle the dispute through the Consumer Dispute Settlement Agency. The results of the study the authors provide advice to protect consumers, shipping companies responsible for compensation for goods / or services must be replaced with the actual price of goods in accordance with the law by looking at a written contract that is agreed between the business actor and the consumer.

scholarly journals Good Offies, Conciliation, and Mediation in the WTO: Challenges and Perspectives

2018 ◽  
pp. 97-102
Keyword(s):  
Dispute Settlement ◽  
Developed Countries ◽  
Third Party ◽  
Least Developed Countries ◽  
Dispute Settlement Mechanism ◽  
Wto Dispute Settlement ◽  
History Of ◽  
Settlement Of Disputes ◽  
United Nations Charter ◽  
Article 5

Article 5 of the Understanding on Rules and Procedures Governing the Settlement of Disputes lists means of pacifi settlement of disputes that can be used alongside with settlement of a particular dispute or instead of it. Good offies, conciliation and mediation are an adherence of WTO dispute settlement mechanism to the principle of pacifi settlement of disputes in international law enshrined in United Nations Charter and reminder of diplomatic approach that was dominating in the previous GATT system. Nowadays, non-litigious ways of dispute settlement in WTO have a potential to be on rise, due to crisis situation caused by US in Appellate Body and Dispute Settlement Body in general. This article looks into the reasons why means enshrined in the Article 5 were not used by Member states frequently enough since their establishment of the WTO. It looks closely into defiitions and history of the Article 5. The authors come to a conclusion that mediation has a potential and perspectives to be used more frequently in the future of the WTO dispute settlement. Mediation is treated as a unique mechanism that can be used by developing and least-developed countries to receive third-party assistance and mitigate power imbalances. Factors for successful mediation are deducted from the case analysis and interviews with representatives of permanent missions.

12. The peaceful settlement of disputes

2019 ◽  
pp. 235-253
Author(s):  
Anders Henriksen
Keyword(s):  
Security Council ◽  
Dispute Settlement ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
Peaceful Settlement ◽  
International Court ◽  
Un Security Council ◽  
Settlement Of Disputes ◽  
Advisory Opinions ◽  
The Relationship

This chapter discusses some of the more relevant methods for peaceful dispute settlement. It begins by introducing a number of non-adjudicatory settlement mechanisms and providing a brief overview of the role played by the UN. It then discusses the adjudicatory means of settling disputes, including international arbitration; the competences and powers of the International Court of Justice; issues of access to the Court and the Court’s jurisdiction in contentious cases; the power of the Court to issue provisional measures; the effects of the Court’s decisions; the relationship between the Court and the UN Security Council; and the Court’s competence to issue advisory opinions.

10. Peaceful settlement of disputes

2017 ◽  
Author(s):  
Ilias Bantekas ◽  
Efthymios Papastavridis
Keyword(s):  
Dispute Settlement ◽  
General Assembly ◽  
International Court Of Justice ◽  
Peaceful Settlement ◽  
International Court ◽  
The Icj ◽  
Un General Assembly ◽  
The One ◽  
Settlement Of Disputes ◽  
Advisory Opinions

This chapter examines the means and methods relating to the peaceful settlement of international disputes. The UN Charter obliges States to resolve peacefully their disputes and suggests certain means for such settlement: on the one hand, diplomatic means, like negotiation, mediation, conciliation or the ‘good offices’ of the UN Secretary-General and on the other, legal methods, such as arbitration and recourse to the International Court of Justice (ICJ), which are binding. The ICJ exercises its jurisdiction over contentious cases only upon the consent of the parties to the dispute, which may be expressed through various forms (e.g. compromis or optional clause declaration). The ICJ may also render advisory opinions to questions of international law posed by the UN General Assembly, the Security Council, or other competent organs and organizations. The chapter also explains dispute settlement in the context of international investor-State arbitration and in the World Trade Organization

scholarly journals Mandatory Private Treaty Application? On the Alleged Duty of Arbitrators to Apply International Conventions

2017 ◽  
Author(s):  
Ulrich G. Schroeter
Keyword(s):  
Dispute Settlement ◽  
Level Playing Field ◽  
International Arbitration ◽  
Commercial Law ◽  
Playing Field ◽  
Peaceful Settlement ◽  
International Dispute ◽  
Settlement Of Disputes ◽  
International Conventions ◽  
Legal Barriers

International arbitration, an institution that Pierre Karrer has shaped and influencedthrough his practical work as a leading international arbitrator as well as through hisscholarly writings, aims at the peaceful settlement of disputes by practical, foreseeableand reasonably fast decisions, thereby eventually serving the development of internationaltrade. The creation of uniform commercial law by way of internationalconventions is driven by a very similar aim, namely the removal of legal barriers in andthe promotion of the development of international trade through the adoption ofuniform rules governing international contracts. International arbitration and uniformlaw conventions generally act in a complementary manner by following reasonablyconsistent policy norms, one as a means of international dispute settlement, the other by creating an international ‘level playing field’ in the law governing the merit ofdisputes.

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