Peaceful/Pacific or Amicable settlement of

International disputes
Q What are different modes of pacific settlement of International disputes? Explain.

Ans 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.
Posted 8th October 2012 by abdul qadir
0

Add a comment

International Law

 Classic
 Flipcard
 Magazine
 Mosaic
 Sidebar
 Snapshot
 Timeslide

1.

Nov

24

Acquisition of Territorial Sovereignty

Q What are the modes of acquiring territorial sovereignty?

Ans Acquisition of Territorial Sovereignty

International law generally recognizes five modes of acquiring territorial sovereignty by a
state, they are
(1) Occupation: When a particular territory is not under the authority of any other state, a
state can establish its sovereignty over such territory by occupation. The territory may
never have belonged to any state, or it may have been abandoned by the previous
sovereign. The PCIJ( permanent court of international justice) held that the occupation to
be effective must consist of the following two elements
(i) intention to occupy. Such intention must be formally expressed and it must be
permanent.
(ii) occupation should be peaceful, continuous.
There mere act of discovery by one state is not enough to confer a title by
occupation. There are two requirements (i) the territory subject to claim must not be
under the sovereignty of nay state ( terra nullius) (ii) the state must have effectively
occupied the territory.

(2) Annexation: Annexation means to incorporate (territory) into the domain of a

country. Annexation is a unilateral act where territory is seized by one state. It can also
imply a certain measure of coercion, expansionism or unilateralism. e.g 1961 annexation
of Goa. Annexation of Golan Heights by Israel in 1967.

(3) Accretion: Where a new territory is added mainly through natural causes to territory
already under the sovereignty of a state, acquisition by accretion takes place. Accretion
refers to the physical expansion of an existing territory through geographical process.

(4) Cession: When a state transfers its territory to another state, acquisition by cession
takes place in favour of such later state. The cession of territory maybe voluntary or
maybe under compulsion as a result of war. The act of cession maybe even in the nature
of a gift, sale, exchange or lease. Cession is the transfer of territory usually by treaty from
one state to another. e.g France cession of Louisiana to U.S in 1803.