Peaceful resolution of international conflicts is a fundamental principle of international law that was defined in the United Nations Charter under Article 2, paragraph 3 of the Principles of International Law referring to cooperation and cordial relations among Nations. So, let’s talk about a few methods of dispute resolution in international law.
A dispute is a precise disagreement over a matter of truth, law, or policy in which one party's claim or statement is met by a refusal, counterclaim, or denial by another. In the broadest sense, an international dispute exists when it involves governments, institutions, juristic persons (corporations), or private individuals from different regions of the world. However, the current study is largely concerned with disputes in which the parties are two or more of the world's one hundred and sixty or so sovereign states.
International dispute resolution is a process for resolving issues between two or more international parties (including sovereign parties and globally engaged non-state parties such as significant enterprises). Negotiation, mediation, arbitration, and adjudication are some important strategies used in international conflict resolution.
When diplomatic mediation or negotiation fails to resolve a disagreement, international arbitration is the chosen option. Arbitration dates back to ancient Greece when it was employed to settle conflicts between city-states, with the Pope serving as the single arbitrator. Due to its efficiency, it can be used by numerous countries and worldwide private corporations to settle disputes today.
Today, when it comes to conflict settlement, we have a plethora of options. Understandably, disputants are frequently perplexed about which technique to utilise in their situation.
Here are the Different Methods of Dispute Resolution.
1. Mediation - The purpose of mediation is for a neutral third party to assist disputants in reaching an agreement on their own. Rather than imposing a solution, a trained mediator works with opposing parties to investigate the interests that underpin their viewpoints.
Mediation can help parties vent their emotions and completely explore their grievances.
2. Negotiation - This is considered the oldest and simplest method of resolving conflicts. Negotiation occurs when the disputant parties resolve the conflict themselves through discussion or by altering the disagreement. Negotiation is defined by the dictionary as a debate aiming at obtaining an agreement.
This negotiating procedure may be carried out by the Heads of State, their representatives, or diplomatic agents. However, the success of this strategy is heavily dependent on the degree to which one party's statements are accepted by the other. It does, however, have several flaws. It has been observed several times that reaching an agreement is difficult.
3. Arbitration - It is a conflict resolution procedure in which contending parties bring their problems to a neutral third party with particular expertise of the subject at hand for resolution. Arbitration is not defined in any international treaty. The arbitration procedure is notorious for its confidentially, and all evidence provided in the arbitration process is inadmissible in a court of law.
4. Arbitration - Arbitration cannot take place unless there is a valid arbitration agreement in place prior to the development of a dispute. In this method of conflict settlement, parties refer their disagreement to one or more arbitrators. The decision of the arbitrator is binding on the parties, and it is referred to as the 'Award'. The goal of arbitration is to resolve disputes fairly outside of court, without unnecessary time and expense.
Various methods of alternative dispute resolution procedures have been utilised on occasion to adjudicate international economic conflicts, with significant success. All of the strategies have downsides, but they have proven beneficial in various contexts and circumstances.
The mediation procedure, on the other hand, has proven to be the most effective technique for settling disagreements. The mediation procedure is known for its confidentially, which fosters confidence and motivates the parties. However, the mediation procedure does not guarantee solutions.