PACIFIC SETTLEMENT OF

DISPUTES
Atty Gembeth G. Basilgo
Dispute

¨ A disagreement on a point of law or fact, a conflict

of legal views or interests between two persons.
¨ An actual disagreement between States regarding
the conduct to be taken by one of them for the
protection or vindication of the interests of the other
Pacific or Amicable Modes

¨ Negotiation
¨ Enquiry
¨ Tender of good offices
¨ Mediation
¨ Conciliation
¨ Arbitration
¨ Judicial Settlement
Hostile Methods

¨ Severance of diplomatic relations

¨ Retorsion
¨ Reprisal
¤ Freezing of Assets of the nationals of the other state
¤ Embargo

¤ Pacific Blockade

¤ Non-intercourse

¤ Boycott
International Courts

¨ Product of an international agreement and is based

on the consent of the parties
¨ Manifested in a Constitutive Instrument or a
compromis
Inherent Powers
¨ Competence de la competence
¤ Power of an international court to determine the extent
of its jurisdiction
¨ Power to frame rules of procedure and to make
procedural orders
¨ Power to grant provisional measures
¨ Post-adjudication powers
¤ Power of rectification, interpretation and revision
¨ Power to award remedies
¨ More than settling of disputes
¨ Proper administration of international justice
¤ Preventing abuse of process
¨ Development of international law
¨ Consideration of interests other than those of
parties to the dispute; taking into account broader
community interests
¤ ITLOS – prevention of serious harm to the marine
environment
¤ International Human Rights Tribunals – promote human
rights
¤ ICSID tribunals – protect foreign investment

¤ WTO panels and Appellate Body – institutional

commitment to the liberalization of the rules on
international trade
¤ International Crime Tribunals – determine the criminal
responsibility of individuals