CHAPTER 8

INTERNATIONAL DISPUTE
Article II (3 4) of the United Nations Charter provides that All members shall settle their
international disputes by peaceful means in such a manner that international peace and security,
and justice are not endangered. All Members shall refrain in them international relations from the
threat or use of force against the territorial integrity or political independence of any state, or in
any other manner inconsistent with the Purposes of the United Nations."

Peaceful Method

Article 33 of the United Nations Charter provides that "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 arrangements, or other peaceful means of their
own choice. The Security Council shall, when it deems necessary, call upon the parties to settle
their dispute by such means."

Negotiation
- a dialogue between two or more people or parties to reach a mutually beneficial outcome,
resolve points of difference, gain advantage for an individual or collective or to craft
outcomes to satisfy various interest.
Enquiry
- the act of asking questions to gain information.
- Its purpose is to produce an impartial finding of facts and thus prepare the way for
settlement of dispute and other peaceful methods.
Mediation
- It is a peaceful settlement by which a third party seek to assist the parties to a dispute in
reaching settlement.
Conciliation
- A process of settling dispute by referring it to a specially constituted organ whose tasks is
to elucidate the facts and suggest proposals for settlement to the parties concerned.
- However, it has no binding force to parties who are free to accept or reject it.
- Conciliators are appointed by parties.
- Its main objectives are to propose a solution to the dispute and win acceptance from the
parties.
Good Offices
- Tender of good offices may utilize only with the agreement or consent of both parties. A
third-party attempt to bring the disputants together in order to make it possible for them
to find appropriate settlement to their differences their negotiations.
- The profferer of good offices is just to bring the disputant together.
- But he does not meet the disputants together but meet them separately.
- When the disputants agree to negotiate or resume negotiation, this ends the purpose of the
good offices.
Arbitration
- Is a form of alternative dispute resolution (ADR) outside the court.
- Parties to ADGR agree to be bound by arbitration award (decision)
- Often used in commercial disputes.
- Distinctions: A mediator will help the parties find a middle ground, and arbitrator remains
totally removed from settlement process and will only give a determination of a liability,
and if appropriate, value of damages.
- Phil.law on ADR is RA 9285 of 2004.
Judicial Settlement
- When states cannot agree on how to settle their dispute amicably, they resort to judicial
settlement in international tribunals in accordance with international law.
- Today we have international tribunals, the International Court of Justice, ITLOS,
UNCLOS, ICC for genocide, war crimes, aggression and crimes against humanity.
Resort to International Organizations
- UN Charter Art.52
Hostile Methods of Settling Dispute not Generally
Article 2( 4) of the Charter of the United Nations provides that" All Members shall refrain in
their international relations from the threat or use of force against the territorial integrity or
political independence of any state, or in any other manner inconsistent with the Purposes of the
United Nations."

Severance of Diplomatic Relations

- Aggrieved party recalls its diplomatic relationship and coses its diplomatic mission
- This may happen at the onset of, or result of war between two waring states.
- Under Vienna convention, when diplomatic relations as served, the host state must
provide assistance for the fat departure of staff members of the diplomatic mission and
their families.
Retorsion
- A retaliatory action taken by one state against another for a stringent or harsh regulations
or treatment of its citizens who are within the boundaries of a foreign country.
(Examples: preventing vessels of unfriendly state entering its ports)
Reprisal
- Is a limited and deliberate violation of I.L to an unlawful act committed against it by
another state.
- In the laws of war, they are commonly a breach of rights on non-combatants, outlawd by
Geneva Convention.
Embargo
- Hindrance or obstruction.
- Generally, it is an order of a government prohibiting departure or commercial ships, or
freight transportation, from ports.
- It is for the purpose of forcing a state to give in the demands of the state imposing
embargo
- It also involves seizure
Boycott
- Abstain from act, or abstaining from using, buying, dealing with an expression of protest
or disfavor against another state
Non-intercourse
- Suspending of all commercial transaction with a offending state as retaliatory measure.
(Example; US Act of 1809 suspending all transactions with UK and France intended to
damage the economy of such offender state)
Blockade
- Effort to cut-off supplies war material or communications from particular area by force
usually directed to entire country or region.
- It may sometimes affect the trading rights of the neutrals.
Pacific Blockade
Intervention
- Use of force by one country in the internal or external affairs or another.
- It may take a form of military action or political pressures.
Drago Doctrine
- Promulgated in response to bombardment of Venezuela by Germany, Englad and Italy
with express consent of the United States
 - Rejected the use of physical force to enforce sovereign debt payments
- Recognized the importance of the essential rights as a sovereign entity
Occupation of Territory
- Occupation in international law means a n act of appropriation by a state over a territory
which does not belong to any other (terra nullius)
- It is however worthy to not that this particular mode of acquisition of state is no longer
vague, reason being that there exists no virgin land that is not owned by any person or
state.

PROBLEM EXERCISE:
Legal Basis
- All peaceful ways can be applied however Judicial Settlement can be strongly applied.
Mediation if there is a country that respects both countries.

Negotiation
Mediation
Judicial Settlement
Conciliation