INTERNATIONAL LAW II TUTORIAL: PEACEFUL SETTLEMENT OF DISPUTES

1.Explain what is meant by an international dispute. Elaborate on what sort of specific disagreements qualify as disputes. Dispute : The Permanent Court of International Justice: a disagreement over a point of law or fact, a conflict of legal views or of interests between two persons International dispute: May arise when the disagreement concerns- the government of a sovereign state, an international organization or some other legal person. Specific disagreement is a disagreement concerning a matter of fact, law or policy (which is met )in a claim of one party with refusal by another.

Example:
Specific disagreement

Dispute about issues of fact

Where was State As ship when it was intercepted by State B? What was it doing there? Did it have permission?
Boundaries or territorial issues

Dispute about law

Dispute about policy

Dispute within European Union about the need for closer political integration

2.Explain States legal obligation in resolving disputes and what resort shall states have to reach an early solution?

Article 1(1) United Nations Charter Article 2(3) UN Charter Article 33(1) UN Charter Article 33(2) UN Charter The Declaration on Principles of International Law Friendly Relations and Co-operation Among States 1970

Methods of settlement: Diplomatic methods (negotiation, inquiry, mediation, conciliation) Legal / Judicial methods (arbitration and judicial settlement) o Confirmed in the Manila Declaration on the Peaceful Settlement of International Disputes 1982.

THANK YOU