Peaceful Settlement of Disputes between States Art 33 UN Charter

1. Peaceful Settlement of Disputes between StatesArt 33 UN Charter

2. The United Nation Charter War settle nothing . . . To win a war is as disastrous as to los one Chapter VI ( Pacific Settlement of Disputes) Article 33, para 1: “The parties to any dispute, the continuance of which is likely to endanger the maintenance of international peace and security, shall first of all, seek a solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangement, or other peaceful means of their own choice. “

3. Declarations and resolutions of the General Assembly The peaceful settlement of dispute between states has been reaffirmed by numbers of resolutions 2726/1970; 2743/1970 and 40/9 in 1985, in Declaration on principles of International law Concerning Friendly Relations and Cooperation among States; Resolution 43/51 on Declaration on the Prevention and Removal of Disputes and Situations Which may Threaten International Peace and Security, Resolution 46/59 on Declaration on Fact-Finding by the UN in the Field of the Maintenance of International Peace and Security;

4. Related Principles The principle of peaceful settlement of international disputes is linked to various other principles of International Law: they are among others: that States shall refrain from the threat or use of force against the territorial integrity or political independence of any state; that States shall settle their international disputes by peaceful means in such a manner that international peace and security and justice are not endangered ; the principle concerning the duty not to intervene in matters within the domestic jurisdiction of any state; the principle of equal rights and self determination of peoples; the principle of sovereign equality of states; the principle that states shall fulfill in good faith the obligations assumed by them in accordance with the Charter;

5. PRINCIPLES WHICH UNRESERVEDLY APPLIED TO ALL PARTICIPATED STATES The Final Act of the Conference on security and Cooperation adopted in Helsinki in 1975: all principles set forth in the Declaration on Principles Guiding Relations between States – i.e. sovereign equality; refraining from the threat or use of force; inviolability of frontiers: territorial integrity of States: peaceful settlement of disputes; non intervention in internal affairs, respect for human rights and fundamental freedoms, including the freedom of thought, conscience, religion or belief; equal right and self determination of peoples; cooperation among States; and fulfillment of good faith of obligation under international law – are of primary significance and, accordingly, they will be equally and unreservedly applied.

6. MEANS OF SETTLEMENT Art 33UN Charter Negotiation and Consultation; Inquiry; Good Offices; Mediation; Conciliation; Arbitration; Judicial Settlement. Resort to regional arrangements or agencies or other peaceful means of their own choice,

7. A. Negotiations and Consultations Negotiations & Exchanges of view Some treaties contain certain provisions aimed at facilitating the opening of consultations or the conduct of the process. Thus, under article 15, paragraph 3, of the 1979 Agreement Governing the Activities of States on the Moon and Other Celestial Bodies: "If difficulties arise in connection with the opening of consultations or if consultations do not lead to a mutually acceptable settlement, any State Party may seek the assistance of the Secretary-General without seeking the consent of any other State Party concerned, in order to resolve the controversy “

8. B. INQUIRY Inquiry, as an impartial third-party procedure for fact-finding and investigation, may indeed contribute to a reduction of tension and the prevention of an international dispute, as distinct from facilitating the settlement of such a dispute. The possibility of fact-finding (inquiry) contributing to the prevention of an international dispute was recognized, for example, by the General Assembly in its resolution 1967 (XVIII) of 16 December 1963 on the "Question of methods of fact-finding.“ In the resolution, the Assembly stated its belief "that an important contribution to the peaceful settlement of disputes and to the prevention of such disputes could be made by providing for impartial fact-finding within the framework of international organizations and in bilateral and multinational conventions".

9. C. GOOD OFFICES "States shall seek in good faith and in a spirit of cooperation 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."

10. Good offices There are types of disputes with respect to which resort to good offices, in the manner determined by the parties, may constitute a clear and definite phase in which the procedure itself brings about the desired result,. For example, the situation envisaged in article X of the Pact of Bogota, which reads as follows: "Once the parties [to the dispute] have been brought together and have resumed direct negotiations, no further action is to be taken by the States or citizens that have offered their good offices or have accepted an invitation to offer them; they may, however, by agreement between the parties, be present at the negotiations."

11. D. MEDIATION Mediation is a method of peaceful settlement of an international dispute where a third party intervenes to reconcile the claims of the contending parties and to advance his own proposals aimed at a mutually acceptable compromise solution. Mediation can be resorted to for the purposes of reducing the tension which may have developed in the course of an international dispute, thereby performing a preventive function the importance of which should not be overlooked.

12. E. Conciliation "The task of the Conciliation Commission shall be to elucidate the questions in dispute, to collect with that object all necessary information by means of enquiry or otherwise, and to endeavor to bring the parties to an agreement. It may, after the case has been examined, inform the parties of the terms of settlement which seem suitable to it, and lay down the period within which they are to make their decision." (art. 15, para. 1 League of Nations, the 1949 Revised Geneva General Act for the Pacific Settlement of International Disputes)

13. F. Arbitration International arbitration is the settlement of disputes between States by judges chosen by the parties themselves and on the basis of respect for law. For this reason, arbitration and judicial settlement are both usually referred to as compulsory means of settlement of disputes. However, while both arbitration and judicial settlement are similar in that respect, the two methods of settlement are nevertheless structurally different from each other. Arbitration, in general, is constituted by mutual consent of the States parties to a specific dispute where such parties retain considerable control over the process through the power of appointing arbitrators of their own choice.

14. G. Judicial Settlement States parties to a dispute may seek a solution by submitting the dispute to a pre-constituted international court or tribunal composed of independent judges whose tasks are to settle claims on the basis of international law and render decisions which are binding upon the parties.

15. Advisory opinion ( non binding advise) International courts may be empowered to give an advisory opinion on a legal question relating to an existing international dispute between States referred to them by an international entity." The opinion does not bind the requesting entity, or any other body, or any State. Nevertheless, procedure in advisory cases, as in contentious cases, involves elaborate written and oral proceedings in accordance with the predetermined rules of the court in question, and as such advisory opinions could assume the character of judicial pronouncements which, while not binding, might entail practical consequences for the bodies concerned.

16. H. Resort to regional arrangements or agencies., The term "regional agencies", by contrast, refers to regional international organizations created by regional multilateral treaties under a permanent institution with international legal personality to perform broader functions in the field of the maintenance of peace and security, including the settlement of disputes. Example : WTO; ASEAN; League of Arab States; Organization of American States ( OAS) ; Organization of African Unity ( OAU); European Union Council