Peaceful Settlement of Disputes: A Key

Aspect of International Law

An international dispute is a conflict between states involving differences in legal opinions,
factual points, or conflicting interests. Peaceful Settlement of Disputes comprehends international
disputes. According to Article 2(3) of the UN Charter, parties involved in such disputes must seek
peaceful resolutions. The UN Security Council is responsible for determining whether a threat to
peace, breach of peace, or act of aggression has occurred. It is entrusted with taking necessary
measures to restore and maintain international peace and security. The peaceful means of
settling disputes, as Chapter 6 of the UN Charter outlines. It includes negotiation, good offices,
inquiry, mediation, conciliation, arbitration, judicial settlement, involvement of regional
agencies/authorities, and other peaceful methods.

The peaceful settlement of disputes is a crucial component of international relations and plays a
significant role in maintaining global harmony

Settlement of International Dispute

International disputes can be resolved through two methods:

o Pacific means are peaceful methods of resolving disputes, such as negotiation, good
offices, inquiry, mediation, conciliation, arbitration, judicial settlement, and regional
agencies/authorities.
o Compulsive means are forceful methods of resolving disputes, such as complaints,
reprisal, hostile embargo, blockade, intervention, and war.

The United Nations Charter (UN Charter) outlines these two dispute-resolution methods in
Chapters VI and VII. Chapter VI of the UN Charter lists the pacific means of dispute resolution,
while Chapter VII lists the compulsive means of dispute resolution.

The pacific means of dispute resolution are generally preferred over the compulsive means of
dispute resolution. Because they are more likely to lead to a peaceful and lasting resolution.
However, the compulsive means of dispute resolution may be necessary in some cases, such as
when a party to a dispute is unwilling to resolve the dispute peacefully.

Method Description Chapter of UN Charter

Pacific means Peaceful methods of resolving disputes Chapter VI
Compulsive means Forceful methods of resolving disputes Chapter VII

Causes of International Dispute

International disputes can arise due to various causes:

o Ideological Differences: Conflicting beliefs, ideologies, or political perspectives among

different groups or factions within a country can lead to internal disputes.
o Ethnic or Religious Tensions: Differences based on ethnicity, religion, or cultural identity
can contribute to internal conflicts when these divisions become sources of competition
or discrimination.
o Socioeconomic Inequality: Economic disparities, unequal distribution of resources,
poverty, and lack of opportunities can create grievances and fuel internal disputes.
o Political Power Struggles: Rivalry for political power or control over government
institutions can lead to internal disputes, particularly in cases where political systems are
unstable or prone to corruption.
o Historical or Territorial Claims: Disputes over historical grievances, territorial boundaries,
or competing claims to land or resources can trigger internal conflicts, especially when
unresolved for an extended period.
o Governance Issues: Weak governance, lack of transparency, corruption, and weak
institutions can create conditions conducive to internal disputes and social unrest.
o Social and Cultural Changes: Rapid societal changes, such as globalization, migration,
urbanization, and cultural transformations, can sometimes generate tensions and conflicts
within a society.
o Human Rights Violations: Widespread human rights abuses, such as discrimination,
repression, or state-sponsored violence, can contribute to internal disputes as people rise
against such injustices.
o External Influences: Interference by external actors, such as neighboring countries,
international organizations, or non-state actors, can exacerbate internal disputes by
supporting one side or exacerbating existing tensions.
o Lack of Communication and Trust: Inadequate communication channels, lack of trust
between different groups, or ineffective dialogue mechanisms can hinder the resolution
of conflicts and perpetuate internal disputes.

o Methods of Peaceful Settlement of International

Disputes
o Negotiation: Negotiation is the primary method of resolving international disputes. It
involves direct discussions between parties to reach a mutually acceptable solution.
Negotiations can take place at bilateral or multilateral levels, with the involvement of
mediators or facilitators if necessary.
o Mediation: Mediation involves the intervention of a third party to assist disputing parties
in settling. The mediator acts as a neutral facilitator, helping parties identify common
ground and explore potential solutions. Mediation is voluntary, and the mediator does
not impose decisions on the parties.
o Conciliation: Conciliation is similar to mediation but typically involves a more formalized
process. It may involve the establishment of a conciliation commission composed of
impartial individuals or representatives from neutral states who facilitate discussions and
propose solutions. Conciliation aims to encourage compromise and reconciliation
between the parties.
o Arbitration: Arbitration is a binding method of dispute settlement where parties submit
their dispute to an impartial tribunal or arbitrator. The arbitrator(s) hear the arguments
and evidence presented by both sides and renders a legally binding decision, known as
an arbitral award. Arbitration provides a more formalized and structured approach to
dispute resolution than negotiation or mediation.
o Judicial Settlement: Judicial settlement is resolving disputes through international courts
and tribunals. The International Court of Justice (ICJ), the principal judicial organ of the
 United Nations, is responsible for settling legal disputes between states. Its judgments
are binding and provide clarity on matters of international law.

o Role of the Security Council in Peaceful

Settlement of Disputes
o The United Nations Security Council (UNSC) is crucial in maintaining international peace
and security. It has the authority to take action and make decisions binding on all
member states under Chapter VII of the UN Charter. When a dispute or threat to peace
arises, the Security Council can employ various measures to promote peaceful settlement.
o Diplomatic Measures: The Security Council can employ diplomatic initiatives, such as
sending envoys or fact-finding missions, to facilitate dialogue between conflicting parties
and promote peaceful negotiations.
o Economic Sanctions: In cases where peaceful settlement is not achieved, the Security
Council can impose economic sanctions on the disputing parties. These sanctions exert
economic and political pressure to encourage compliance with international law and
peaceful resolution.
o Peacekeeping Operations: The Security Council can authorize the deployment of
peacekeeping forces to regions affected by conflicts. These forces help stabilize the
situation, monitor ceasefires, and support the implementation of peaceful settlement
agreements.
o Use of Force: In extreme cases, the Security Council may authorize using force to restore
peace and security. However, using force is considered a last resort and can only be
authorized in self-defense or to protect international peace.

o Conclusion
o The peaceful settlement of disputes is the cornerstone of international law and essential
to maintaining global peace and stability. Aspiring civil servants should familiarize
themselves with the principles, methods, and institutions involved in peaceful dispute
resolution. Understanding these concepts will enable them to analyze complex
international situations and contribute to developing effective diplomatic strategies to
resolve conflicts peacefully.
Diplomacy
Diplomacy is defined as the art and practice of negotiation and conducting dialogues through
different measures between states, groups, or people to influence the international system’s
decisions, events, and behaviors. It is undertaken to promote peace among nations and avoid
a state of war or violence.

In ancient times, diplomacy referred to the conduct of formal (often bilateral) ties between
sovereign governments. By the 20th century, European diplomatic practices had spread
throughout the globe, and the definition of diplomacy had expanded to include summit
meetings, international conferences, multilateralism, the international endeavors of
supranational and subnational organizations, unofficial diplomacy by nongovernmental
actors, and the performance of international civil servants.

Functions of Diplomacy
Diplomacy is conducted by diplomats. All the functions of diplomacy are performed by them.
The functions of diplomacy include the state’s representation and negotiation, the gathering
of information, and the promotion of peaceful ties between nations. The following are the
functions of diplomacy, and how are these performed;

1) Negotiation and State Representation

The most crucial functions of diplomacy are negotiations and state representation.
Representing the interests of a state and leading negotiations or discussions that aim to
highlight areas of agreement and disagreement between the parties in order to achieve the
state’s objectives and prevent conflict is the major purpose of diplomacy. In order to reach
successful negotiation, finding a common interest between states is also a vital part of
diplomacy.

2) Gathering and Evaluation of Information

The gathering of information to identify and access the objectives of the foreign policy of
receiving state by all lawful means constitutes an important function of diplomacy. When the
data is sent back to their home nation, the Foreign Ministry evaluates it and decides what
foreign policy should be implemented. Diplomatic missions are concerned with obtaining
information. Then, political leaders decide which course of action is best for their country.

3) Economic, Political, and Cultural Relations

Another important function of diplomacy is the development of economic, political, and
cultural relations between two nations to promote friendly relations among nations. For
instance, after World War Two, the United States and Britain focused their foreign policy on
containing communism.

4) Facilitates the Implementation of International Law

Diplomacy plays an important role in enforcing or facilitating the implementation of
international law. The role of the diplomat is to advance the nation’s interests and maintain
friendly relations with foreign nations.
How Does Diplomacy Work?
Diplomacy is carried out through bargaining or negotiations. Each party in a negotiation
generally wants more than they anticipate receiving. Then, in order to reach a compromise or
an agreement, they give up some of what they initially wanted. A foreign diplomat assists in
the talks. For instance, Martti Ahtisaari, a UN official from Finland, assisted Namibia in 1990
in gaining independence from South Africa.

As a result of the successful negotiations, the parties signed the Diplomatic Agreement. The
formal type of this agreement is called a Treaty which is a written contract between states or
nations. For example; the signing of the Treaty of Versailles ended the First World War
officially.

In some negotiations, one side does not agree to compromise and refuses to act upon the
common agenda set between two parties. In such cases, the third parties involved in the
process of negotiation put diplomatic sanctions on the state which refuses to be a part of
negotiations.

This led to diplomatic tensions among states and the reduction and expulsion of the
diplomatic staff from the offending nation as part of diplomatic sanctions. It may also include
the president’s refusal to meet the leaders of an offending country or visit that particular
country. For example, in 2010, Nicaragua suspended all diplomatic ties with Israel.

Types of Diplomacy
Modern-day diplomacy is open and transparent diplomacy as compared to secretive and
covert traditional diplomacy. With the revolution in time, diplomacy has evolved into different
kinds and types. There are many types of diplomacy, some of which are mentioned below:

• Public Diplomacy
• Economic Diplomacy
• Cultural Diplomacy
• Science Diplomacy
• Cyber Diplomacy
• Energy Diplomacy
• Regional Diplomacy
• Education Diplomacy
• Health Diplomacy
• Sport Diplomacy

1) Public Diplomacy
Public diplomacy is a type of diplomacy that emphasizes interacting with foreign citizens in
order to develop bonds and influence the opinion of the public. It is a type of soft power that
involves fostering ties and understanding between nations through cultural, economic, and
educational exchanges. Public diplomacy can also involve reaching out to foreign audiences
through the media and other kinds of communication.

2) Economic Diplomacy
Economic diplomacy is using the entire spectrum of a state’s economic resources to advance
its national interests. It entails advancing a nation’s interests abroad by employing economic
means like trade, investment, finance, and development assistance. Economic diplomacy is
used to encourage global cooperation, job creation, and economic prosperity. It can also be
used to settle conflicts and improve diplomatic ties between nations.

3) Cultural Diplomacy
Cultural diplomacy is the sharing of ideas, art, data and information, and other elements of
culture among nations and their inhabitants in order to improve mutual understanding. The
goal of cultural diplomacy is to increase public support for political and economic objectives
by helping citizens of a foreign country become familiar with its principles and institutions.

Cultural diplomacy, in essence, reveals the character of a nation which in turn generates
influence. Despite being frequently disregarded, cultural diplomacy can and does contribute
significantly to attaining national security objectives.

4) Science Diplomacy
Science diplomacy is the use of science and technology to foster international collaboration
and create bridges between nations. It includes tackling global issues like food security,
climate change, and pandemics, utilizing scientific research, technology, and expertise.
Moreover, science diplomacy encourages international scientific cooperation and the
exchange of information and resources.

5) Cyber Diplomacy
Cyber diplomacy refers to the use of electronic communication and technology to advance
diplomacy and foreign affairs. It includes using technological tools like social media, websites,
and other online platforms to conduct diplomatic debates, develop connections, and advance
global collaboration. Global challenges like data privacy, cyber security, and digital
infrastructure can be addressed through cyber diplomacy.

6) Energy Diplomacy
Energy diplomacy is the use of diplomatic relationships to advance and defend nations’
interests in the energy industry. It entails both the negotiation of international treaties on
energy-related matters and the management of national energy policy. Promoting energy
security, lowering energy poverty, and fostering sustainable energy development are all part
of energy diplomacy.

7) Regional Diplomacy
Regional diplomacy is the conduct of relations between nations that are part of a specific
geographical area. Regional diplomacy is now a significant player in world affairs. All states
understand the importance and value of neighborhood interaction due to interdependence
and globalization.

8) Education Diplomacy
Education diplomacy is the making use of education to advance international relations and
advance intercultural understanding. It incorporates international faculty, students, and idea
exchanges as well as the establishment of educational programs that encourage cooperation
and understanding across national boundaries. Using educational tools to assist global
development objectives is a vital form of diplomacy.
9) Health Diplomacy
Health diplomacy employs diplomatic techniques to address issues in global health such as
pandemics, healthcare access, and health equity. International collaboration is also a
component of health diplomacy to enhance outcomes in global health. For example, during
Covid -19, states collectively worked to make vaccines to cure Covid, as well as states send
vaccines to each other to fight against the global pandemic.

10) Sports Diplomacy

Sports diplomacy is promoting sports to advance diplomatic affairs, peace, and
understanding. It includes using athletics to promote communication and collaboration
while bridging gaps across nations, cultures, and people. Sports diplomacy may advance
environmental conservation, gender equality, human rights, and social and economic growth.
It can also be used to improve diplomatic ties between nations and to provide a forum for
discussion of international problems.

Why Is Diplomacy Important for International Relations?

1. States use diplomacy to establish their positions in international relations. Through

negotiations and dialogue, states aimed at identifying shared interests as well as points of
contention. Most often in international relations, states come to an agreement after
discussions and portray the behaviors and principles that are deemed “acceptable,” and
advantageous for both parties. This works through soft power, due to the fact that these
tactics are not forcibly imposed.
2. Secondly, diplomacy can be used to obtain intelligence. The purpose of this information
is to determine and assess the state’s foreign policy objectives. Moreover, diplomacy can
be used to increase political, economic, and cultural harmony. This collaboration offers
adequate ways for their states’ national interests to be attained.
3. Finally, diplomacy is employed to uphold international law, which influences national
policies about behavior and international cooperation. Guidelines are provided by the
legislation for preserving jurisdictions over diplomatic missions, treaty negotiations, and
government-to-government exchanges.

In conclusion, diplomacy can be viewed as an instrument for handling crises in international

relations that can specify a middle ground for collaboration for the member states involved
in the negotiations.

Future of Diplomacy
The world experienced an important transformation as a result of the digital revolution. The
internet and computer systems made it feasible to communicate written messages in a
matter of seconds and to have rapid access to new information. A defining aspect of the 21st
century is the development of mobile technology, which enables people to access the internet
without needing to sit in front of a computer. Social networking sites like Facebook,
Instagram, Twitter, LinkedIn, and Instagram have helped develop the digital era.

In these times of digitalization, the tacts of diplomacy are also different. Diplomacy has
evolved to cyber diplomacy which is also known as digital diplomacy and e- diplomacy. These
terms show the relationship between the internet and diplomacy. The world will be shaped
by rapidly evolving digital geopolitics. With the modern revolution, modern conflicts also
evolved, such as disinformation, cyber conflict, cyber warfare, and hybrid warfare.
The protection of satellites and submarine cables, the manufacturing of semiconductors, and
the unrestricted flow of data will be the three main focuses of digital geopolitics. So in order
to build and maintain peace between states, and in the international system, digital diplomacy
will be practiced.

What is Balance of Power?

Some writers define it in terms of equilibrium where as others in terms of “preponderance”
or “disequilibrium”. Some define it as a principle of action while others define it as a policy or
system.

Balance of Power is an equilibrium or a certain amount of stability in power relations that

under favourable conditions is produced by an alliance of states or by other devices.” —
George Schwarzenberger

“Balance of Power is such a system in which some nations regulate their power relations
without any interference by any big power. As such it is a decentralized system in which power
and policies remain in the hands of constituting units.” —Inis Claude

Nature of Balance of Power

1. Some Sort of Equilibrium in Power Relations:- The term Balance of Power suggests
‘equilibrium which is subject to constant, ceaseless change. In short, though it stands for
equilibrium, it also involves some disequilibrium. That is why scholars define it as a just
equilibriums or some sort of equilibrium in power relations.

2. Temporary and Unstable: In practice a balance of power always proves to be temporary

and unstable. A particular balance of power survives only for a short time.

3. To be Actively Achieved: The balance of power has to be achieved by the active

intervention of men. It is not a gift of God. States cannot afford to wait until it “happens”. They
have to secure it through their efforts.

4. Favours Status quo: Balance of power favours status quo in power positions of major
powers. It seeks to maintain a balance in their power relations. However, in order to be
effective, a foreign policy of balance of power must be changing and dynamic.

5. The Test of BOP is War: A real balance of power seldom exists. The only test of a balance
is war and when war breaks out the balance comes to an end. War is a situation which balance
of power seeks to prevent and when it breaks out, balance power comes to an end.

6. Not a Device of Peace: Balance of Power is not a primary device of peace because it admits
war as a means for maintaining balance.

7. Big Powers as Actors of BOP: In a balance of power system, the big states or powerful
states are the players. The small states or less powerful states are either spectators or the
victims of the game.
8. Multiplicity of States as an Essential Condition: Balance of Power system operates when
there are present a number of major powers, each of which is determined to maintain a
particular balance or equilibrium in their power relations.

9. National Interest is its Basis: Balance of Power is a policy that can be adopted by any
state. The real basis that leads to this policy is national interest in a given environment.

Role and Relevance of Balance of Power in International Relations:

In contemporary times, Balance of Power has lost much of its utility due to several changes
in the international relations. The following changes in the international relations as well as
in the traditional balance of power system have adversely affected the role and relevance of
Balance of Power as a device of power management in International politics.

(1) End of the era of European Domination and the dawn of era of Global Politics:- The
structure of international politics has undergone a radical change from the classical period.
From a narrow European dominated international system it has come to be a truly global
system in which Asian, African and Latin American states enjoy a new and added importance.
Today Europe is no longer the centre of world politics. European politics constitutes only one
small segment of international politics. This changes has considerably reduced the operation
ability of balance of power.

2.Emergence of Ideology as a Factor of International Relations:- The new importance of

ideology and other less tangible but, nevertheless, important elements of national power
have further created unfavorable conditions for the operation of balance of power.

3. The Bipolarity of Cold War period and the new era of Unipolarity: The bipolarity
(presence of two super powers and their blocs) that emerged in the cold war period reduced
the flexibility of the international system. It reduced the chances of balance of power whose
working requires the existence of flexibility in power relations, alliances and treaties.
Presently unipolarity characterizes the international system.

4.The End of the Era of Colonialism and Imperialism: Another big change in the structure
of balance of power has been the disappearance of imperialism and colonialism: It has limited
the scope for the exercise of power by the European powers, who in the past always worked
as the key players of the principle Balance of Power.

5. Disappearance of the “Balancer”: The rise of two super powers the disappearance of the
“holder of balance” or the “balancer” considerably reduced the chances of balance of power
politics during 1945-91. Traditionally, Britain used to play such a role in Europe. The sharp
and big decline in the power of Britain in the post-war period compelled it to abandon its role
of balancer between the two super powers. No other nation or even a group of nations was
successful in acting as a balancer between the USA and the (erstwhile) USSR. The absence of
a balancer further reduced the role of balance of power in post-war international relations.

6.The Emergence of Global Actors: The rise of the United Nations and several other
international and regional actors in international relations has given a new looked to the
international relations of our times. The presence of the UN has made a big change in the
structure and functioning of the international system. With a provision for collective security
of international peace and security, the United Nations constitutes a better source of peace.
Due to all these changes in international relations,

Balance of Power has come to suffer a big decline. It has definitely lost much of its relevance.
In contemporary times, Balance of Power has ceased to be a fully relevant and credible
principle of international relations. However, it still retains a presence in international
relations, more particularly, in the sphere of regional relations among states.