Amicable means for settlement of international disputes

Intro:

On 15th Nov. 1982, the General Assembly of UNO after reaffirming the need to exert utmost efforts in
order to settle any conflicts and disputes between States exclusively by peaceful means and to avoid any
military action and hostilities, which can only make more difficult the solution of those conflicts and
disputes, approved the Manila Declaration on the Peaceful Settlement of International Disputes.
This created a general obligation on the member states to adopt ways to resolve international disputes
peacefully. In particular, it obligated that States parties to a dispute shall continue to observe in their
mutual relations their obligations under the fundamental principles of international law concerning the
sovereignty, independence and territorial integrity of States, as well as other generally recognized
principles and rules of contemporary international law
It obligates the States to seek in good faith and in a spirit of co-operation an early and equitable
settlement of their international disputes by any of the following means: negotiation, inquiry, mediation,
conciliation, arbitration, judicial settlement, resort to regional arrangements or agencies or other peaceful
means of their own choice, including good offices. In seeking such a settlement, the parties shall agree
on such peaceful means as may be appropriate to the circumstances and the nature of their dispute.

Thus, the following are peaceful means of settlement of international disputes.

Non-Judicial Methods of Settlement

The chief methods for peaceful/pacific or amicable settlement of international disputes are:

(1) Negotiations:-
The term negotiation is used to denote intercourse between states for the purpose of arriving at a
settlement of dispute or for relaxation of international tension. Negotiation is the simplest form of settling the
disputes. Negotiations can be carried out by the head of states or their agents or the exchange of notes.
Examples are Indo-Pak Indus water treaty 1960. Yalta and Potsdam agreement during second world war.

(2) Good Offices:-

When a third party offers its services to remove differences between two states who are not willing to
negotiate directly. A friendly third state assists in bringing about an amicable solution to the dispute. These
offices may also be offered by International organization or some individual. the U.N security council offered its
good offices in the disputes between Indonesia and Netherlands in 1947.

(3) Mediation:-
Mediation is conducting of negotiations through the agency of third party. The distinction between
Mediation and good offices is very subtle. Unlike good offices in mediation the third party itself takes part in
Mediation. Example is the mediation of Soviet premier Kosygen. in the dispute between India and Pakistan at
Tashkent in 1966.

(4) Conciliation:
Conciliation means the reference of a dispute to a commission or committee to make a report with proposals
for settlement. Conciliation is the process of ending a disagreement. It recommends solutions. Mediation is
commonly performed by an individual while conciliation is performed by a committee.

(5) Inquiry:
The main objective of commission of inquiry is to make investigation of relevant matters so as to establish
facts. It is sometimes calles 'fact-finding'. Inquiry differs from conciliation in the fact that the object of inquiry is
not to make any specific proposals for settling international disputes but it is just to investigate and establish
facts.
(6) Arbitration
The hearing and settlement of a dispute by an impartial referee chosen by both sides. Arbitration decides a
dispute and is a binding decree. Example is the Rann of Kutch arbitration of 1968 for the settlement of disputes
between India and Pakistan.

(7) Judicial Settlement or Adjudication:

It is a form of arbitration in which a permanent acts as the arbitral tribunal. At present the International Court
of Justice (ICJ) is the most important tribunal.

(8) Resort to regional agencies and U.N.

One of the main objects of the U.N is the peaceful settlement of differences between states.The General
assembly is empowered to recommend measures for peaceful adjustment of any situation. The security council
can act when disputes endanger international peace and security.