SETTLEMENT OF INTERNATIONAL DISPUTES
International Law Tripos, Lent 2019
1. INTRODUCTION
1.1 What are these lectures about?
How states settle their disputes at the international level
Focus on the International Court of Justice
1.2 Why is this topic important?
Dispute settlement = an essential function of law.
Enforcement and effectiveness
Clarity as to the content of the law, its interpretation and its application
Change in the law
Justice?
Peace and Security?
Rule of law?
1.3 Obligation to Settle Disputes Peacefully
Art 2(3) of the UN Charter : “All Members shall settle their international disputes
by peaceful means in such a manner that international peace and security, and
justice, and not endangered.” [See also art 33 of the UN Charter]
Nicaragua (Merits), ICJ Reports 1986, p. 14 at p. 145, para 290: “the
principle that the parties to any dispute, particularly any dispute the continuance
of which is likely to endanger the maintenance of international peace and
security, should seek a solution by peaceful means.” (Also noting that the
obligation exists in customary international law.)
Declaration on Principles of International Law concerning Friendly
Relations 1970: “Every State shall settle its international disputes with other
States by peaceful means in such a manner that international peace and security
and justice are not endangered.”
Declaration on the Rule of Law 2012, para 4: “We reaffirm the duty of all
States to settle their international disputes by peaceful means, inter alia through
negotiation, enquiry, good offices, mediation, conciliation, arbitration and judicial
settlement, or other peaceful means of their own choice.”
BUT states do not necessarily have to resolve disputes immediately, as
long as all parties to the dispute agree to postpone its resolution eg Art IV of
the Antarctic Treaty 1959, which freezes claims to territorial sovereignty over
Antarctica.
1.4 Dispute Settlement Requires Consent
Status of Eastern Carelia, PCIJ Ser B No 5 (1923), p. 27: “It is well established in
international law that no State can, without its consent, be compelled to submit its
disputes with other States either to mediation or to arbitration, or to any other kind of
pacific settlement.”
No compulsory system of dispute settlement but consent may sometimes be
given in advance.
1.5 Methods of Peaceful Dispute Settlement
Page 1 of 30
International Law Tripos, Lent 2019
1. INTRODUCTION
1.1 What are these lectures about?
How states settle their disputes at the international level
Focus on the International Court of Justice
1.2 Why is this topic important?
Dispute settlement = an essential function of law.
Enforcement and effectiveness
Clarity as to the content of the law, its interpretation and its application
Change in the law
Justice?
Peace and Security?
Rule of law?
1.3 Obligation to Settle Disputes Peacefully
Art 2(3) of the UN Charter : “All Members shall settle their international disputes
by peaceful means in such a manner that international peace and security, and
justice, and not endangered.” [See also art 33 of the UN Charter]
Nicaragua (Merits), ICJ Reports 1986, p. 14 at p. 145, para 290: “the
principle that the parties to any dispute, particularly any dispute the continuance
of which is likely to endanger the maintenance of international peace and
security, should seek a solution by peaceful means.” (Also noting that the
obligation exists in customary international law.)
Declaration on Principles of International Law concerning Friendly
Relations 1970: “Every State shall settle its international disputes with other
States by peaceful means in such a manner that international peace and security
and justice are not endangered.”
Declaration on the Rule of Law 2012, para 4: “We reaffirm the duty of all
States to settle their international disputes by peaceful means, inter alia through
negotiation, enquiry, good offices, mediation, conciliation, arbitration and judicial
settlement, or other peaceful means of their own choice.”
BUT states do not necessarily have to resolve disputes immediately, as
long as all parties to the dispute agree to postpone its resolution eg Art IV of
the Antarctic Treaty 1959, which freezes claims to territorial sovereignty over
Antarctica.
1.4 Dispute Settlement Requires Consent
Status of Eastern Carelia, PCIJ Ser B No 5 (1923), p. 27: “It is well established in
international law that no State can, without its consent, be compelled to submit its
disputes with other States either to mediation or to arbitration, or to any other kind of
pacific settlement.”
No compulsory system of dispute settlement but consent may sometimes be
given in advance.
1.5 Methods of Peaceful Dispute Settlement
Page 1 of 30
