StudentShare solutions
Triangle menu

Dispute Settlement between States - Essay Example

Not dowloaded yet

Extract of sample
Dispute Settlement between States

Hence, it is a duty of the members of the United Nations to settle international disputes through peaceful means, which may cover either legal or political character.
In the internal legal system of a state, it would be generally perceived that the dispute to be settled is legal. That is, when there is a dispute between individuals on rights, duties, and liabilities in accordance to law or legalization, the settlement of such may be carried out by negotiation or conciliation - that is, bringing the dispute to the consideration of a third party body which may act as an "arbitrator." The arbitrator may be a permanent organization of a state which shall serve as the "court," wherein both the arbitrator and the court shall consider the dispute by the principle of law, which essentially means that the rulings of the arbitrator and the judgment of the court shall legitimately bind the disputing parties.
In the international legal system, the meaning and scope of the settlement of international disputes are broader than the settlement of internal legal disputes (Hill 1945). ...
r since a state cannot be forced to settle international disputes without its consent, implying that the international legal system does not have any mechanism to force any state to settle disputes (Glahn 1970). It is explicit that in the international law, there is not one state, which, without its consent, shall be forced to propose a compromise, arbitration, or any other peaceful means of settling a dispute with another1.
The principle of international law evident in the advice of the Permanent Court of International Justice is still deemed practical and accepted by members of the international community because even the United Nations Charter stipulates that there is not any enforcing measure for its members in the settlement of disputes (Glahn 1970). It is however stipulated as a duty of all members of the United Nations that if a dispute is to be settled, the parties concerned shall settle it through peaceful means2. Since issues of international disputes can be of any character, the settlement of international disputes is therefore not always related directly to international law. For example, an international dispute of a political issue may not require international law in consideration. However, even though international disputes of political nature, or of any other nature, are not related directly to international law, the disputing parties have to settle their dispute by peaceful means as stipulated in the principles of international law and as evident in Articles 2(3) and 33(1) of the United Nations Charter. The disputing parties may exploit any means of peaceful settlement between each other as long as they have mutually agreed upon a direct negotiation between them, such as establishing a joint working group for inquiry of facts, introduction of a ...Show more

Summary

Peaceful settlement of international disputes is considered the main objective in maintaining peace and security as legislated in significant principles of Article 2(3) of the United Nations Charter. The legislation states that all members of the United Nations are to settle international disputes in a manner that shall not endanger international peace, security, and justice…
Author : wellingtonhamil
Dispute Settlement between States essay example
Read Text Preview
Save Your Time for More Important Things
Let us write or edit the essay on your topic
"Dispute Settlement between States"
with a personal 20% discount.
Grab the best paper

Related Essays

Resolution of disputes in the context of international trade: GATT v WTO Dispute Settlement System
The WTO itself has acknowledged that the dispute resolution system established under the General Agreement on Tariff and Trade 1947 were significant for facilitating the resolution of trade disputes. However, the changes introduced via the WTO’s DSU have “strengthened very substantially” the role of dispute resolution in international trade disputes sans a centralized governance system.
24 pages (6000 words) Essay
International Dispute Settlement. Galactic Commodities Inc case studies
In enacting this law, Article 14 of the Conciliation Model Law states that “if the parties conclude an agreement settling a dispute, that settlement agreement is binding and enforceable…2”. As indicated in the Guide to Enactment of the Model Law, settlement arising from conciliation can either be enforced as a contract or as an arbitral award3.
18 pages (4500 words) Essay
WTO dispute settlement procedure
The World Trade Organization claims that the changes implemented by the World Trade Organization’s dispute settlement system strengthens the role that dispute resolution plays in success of the World Trade Organization’s multilateral trade regime
16 pages (4000 words) Essay
The Oregon Dispute and its Settlement Summary
American arrival in Japan was not warmly received because any uninvited visitor to Japan was subjected to torture, jailed or even decapitated. In addition, the encounter between the two pacific powers was not warm but they later understood each other. American forced their encounter on Japan for different reasons which they did not honestly discuss among themselves.
3 pages (750 words) Essay
International Dispute Settlement
There are several ways through which these conflicts can be resolved; these ways are both violent and nonviolent. In this writing we will focus on different ways of solving international disputes including: alternative dispute resolution (ADR) and international tribunals.
4 pages (1000 words) Essay
Dispute Settlement Understanding
Yet the actual numbers of disputes have been found to be much less than the anticipated number of disputes considering the fact that worldwide trade value exceeds USD$6 trillion. The DSU helps in providing stability and predictability of the international trading system.
14 pages (3500 words) Essay
Dispute Settlement in the World Trade Organisation
Yet there are many who question the viability of the dispute settlement system of the WTO. While the leading superpowers of trade, the United States and Europe, struggle over questions of a seemingly intractable nature, the poorer nations find it difficult to find the financial means to come to the podium to be heard.
10 pages (2500 words) Essay
Resoltion of disputes in the context of internation trade . GATT v WTO dispute Settlement System
ispute resolution system established under the General Agreement on Tariff and Trade 1947 were significant for facilitating the resolution of trade disputes. However, the changes introduced via the WTO’s DSU have “strengthened very substantially” the role of dispute
20 pages (5000 words) Essay
Dispute settlement mechanism in the WTO and developing countries
It was reached during this round to an agreement for the settlement of disputes between different parties, where the World Trade Organization has been authorized the settlement of bilateral disputes between
22 pages (5500 words) Essay
Why is the dispute settlement body of the WTO so important,and how is it affecting the EU
Therefore, with the establishment of WTO came the dispute resolution panel and Appellate Body that has exercised its mandate in an efficient way that have left praise of the organization (Trachtman, 1999). The
12 pages (3000 words) Essay
Get a custom paper written
by a pro under your requirements!
Win a special DISCOUNT!
Put in your e-mail and click the button with your lucky finger
Your email
YOUR PRIZE:
Apply my DISCOUNT
Comments (0)
Rate this paper:
Thank you! Your comment has been sent and will be posted after moderation