Term Paper

On

Efforts of UN and Regional Organization to Settle Dispute Peacefully

 Exhibition Road, Kathmandu

Submitted By: Submitted To:

Rebati Thapa Magar Mr. Dev Mahat
Sec: B Nepal law Campus
Roll.No. : 66

The expression “ international disputes” covers not only disputes between between states as such , but
also other cases that have come within the ambit of international regulations, being certain categories
of disputes between states on the one hand, and individual, bodies, corporate, and non- states entities
on the other.

The provisions relating to international peace and security are studded throughout the charter of UN.
They find mention in preamble, purposes, principles and many other concrete provisions of the charter .
In order to ensure prompt and effective action by the United Nations, its members have conferred on
the security Council, the primary responsibility for the maintenance of international peace and security.
However the center of gravity in respect of international peace and security which was originally in the
security Council shifted to the General Assembly and from there it shifted to the secretary General.
To settle international disputes as early as possible, and in a fair and just manner to the parties
involved, has been a long – standing aim of IL. One of the principal objects of the latter charter in setting
up the United Nations Organization was indeed to facilitate the peaceful settlement of disputes between
states. Broadly speaking, the methods of settling international disputes fall into two categories:

1)peaceful means of settlement, that is, where the parties are agreeable to finding an amicable solution;
The peaceful or amicable methods of settling international disputes are divisible into the following:

A) Arbitration

B) Judicial settlement

C) Settlement under the auspices of the United Nations Organization

2)Forcible or coercive means of settlement, that is, where a solution is found and imposed by force.

UN Article 1 is related to maintain international peace and security which is regarded as main
function of UN,
The United Nations has been making various efforts to promote peaceful settlements of disputes
around the world . Some of those efforts can be enlisted as follows:

a) Mediation and Negotiation: The UN facilitates mediation and negotiation

processes between conflicting parties to help them find mutually agreeable
solutions. This can involve bringing parties together for talks, providing
mediators, or establishing peacekeeping missions to enable dialogue and
negotiations.
b) Peacekeeping Operations: The UN deploys peacekeeping missions to conflict
zones where there is a threat to international peace and security. These
peacekeepers help maintain calm and stability, facilitate, negotiations, monitor
ceasefires, protect civilians, and support the implementation of peace
agreements. There are 11 peacekeeping operations going on around the globe.

c) Conflict Prevention and Early Warning : The UN works to prevent conflicts from
occurring or escalating by monitoring and analyzing global situations and
trends . The organization provides early warning mechanisms, identifying
potential sources of instability or tension and offering advice on conflict
prevention strategies.
d) Peacebuilding and Development : The UN engages in post- conflict
peacebuilding efforts to support countries.

We can divide three bodies of UNO for the peaceful settlement of disputes.
i. General Assembly: Article 10 and specifically Art. 11 provides that General Assembly may
consider the general principles of cooperation in the maintenance of international peace and
security.
Although the Assembly has not been empowered to settle disputes by any specific means,
it may discuss under Article 11 para 2 and may make recommendations to the disputant
parties under Article 14 of the Charter for the measures which they may take for the
peaceful adjustment of any situation. The special committee meets annually since 1976 to
consider the peaceful settlement of international disputes. UN Article 2, 4, 14, 24, 34, 33 and
 35 are related to dispute settlement mechanism of UN as well as following declaration are
also related to the dispute settlement of UN :

a. Manila Declaration 1982 : Manila Declaration reiterated that states shall seek in good
faith and in a spirit of co-operation an early and equitable settlement of their
international disputes by any of the peaceful means.
b. Hague convention for the pacific settlement of international disputes 1899, which was
revised by the Second Hague Peace Conferences in 1907 .

c. Declaration on prevention and Removal of Disputes : In 1988, the special Committee

drafted the Declaration on the Prevention and Removal of Disputes and situations which
may threaten International Peace and Security and on the Role of the United Nations in
the field. The Declaration is the first instrument which described within the United
Nations to deal with prevention of international disputes and situations which might
endanger the maintenance of international peace and security.

d. Fact finding Activities : In 1991 , a declaration on fact finding activities by the United
Nations in the field of the Maintenance of International peace and security was adopted
by the General Assembly which recognized that the full use and further improvement of
the means for fact finding of the United Nations could contribute to the strengthening of
the role of the United Nations in the maintenance of international peace and security
and promote the peaceful settlement of disputes.
e. Hand- book on peaceful settlement of disputes

ii. Security Council: Chapter VI of the Charter provides the various modes by which the council
settles disputes. And Article 39 to 51 of Chapter VII entitled" Action with Respect to Threats
of the Peace , Breaches of the Peace and acts of aggression'' also related with settlement of
disputes by SC. E.G. Security council role in Gulf War
iii. Special Agency : ICAO, WHO, ILO, UNESCO, FAO and so on.
ICAO : it is an specialized agency of UN, if any disputes are coming, it solves by its
own mechanism , which is final decision for parties. These bodies has their own procedures
to settle disputes between their members and such procedures vary from organization to
organization.

Efforts of Regional Organization

The term Region may mean an area embracing the territories of a group of states . Here , what is
essential is that the states should be bound together by the ties of common interest. E.g. there
should be atleast be an identity of certain minimum values and standards. Thus, a region may be
created by grouping the states on the basis of economic, social, cultural or political factors. And such
organizations are established as it is easier to develop a sense of community in a compact
geographical area.
The role of regional organizations in maintaining international peace and security is increasing. In some
instances, regional organizations are best suited to solve regional conflicts due to their proximity and
ability to provide faster information than the United Nations. For example, during the Rwandan
massacre, many non-African countries such as India, Pakistan and the United States left Rwanda, but
African countries stayed to prevent further massacre.

The trend towards regionalism and regional arrangements is one of the interesting development in
recent international relations.

The covenant of the League of Nations under Article 21 had made a provision for the regional
arrangements. The United Nations in the Charter gave due importance to regional arrangements.
Chapter VIII of the charter consisting of Articles 52 to 54 is devoted exclusively to regional
arrangements. Article 52, para1 provides that regional arrangements may be made by the states for
dealing with matters relating to maintenance of international peace and security provided that the
activities of such arrangement are consistent with the purposes and principles of the United Nations
Charter.

Many regional organizations in the last three decades such as NATO , CENTO , SEATO, OAU and OPEC ,
ASEAN have come into existence. While some of these are geared to purely military considerations,
many regional agencies fulfill a variety of other functions.

There are various Regional organization across the Globe which endeavors for the peaceful settlement
of disputes and such Organization's efforts can be enlisted as follows:

1) Organization of American Sates (O.A.S) : The organization of American States is a regional

agreement which was established in 1948 .The American Treaty on the Pacific settlement
(Bogota Pact), 1948 was signed by the independent republics of America. The purpose of the
treaty was to impose a general obligation on the signatories to settle their dispute through
peaceful means. Through the Peace Fund, the OAS provides technical and political support to
states to settle disputes. For. e.g. To Belize and Guatemala regarding their territorial dispute.
2) European Union (EU): The 1957 European Convention for the peaceful settlements of disputes
was adopted to settle dispute peacefully between member states. The convention contains
various means through which disputed states parties have to settle the dispute. E.g. role of EU
in Bosnia.

3) Organization of African Unity (O.A.U) : The 1964 protocal of the Commission of Mediation and
Arbitration of the Organization of African Unity was signed at Cairo on July 21, 1964. As per
this , the dispute between member states is settled by the Commission and for that, A dispute
may be referred to the Commission jointly by the parties concerned.
4) League of Arab States(LAS) : The Arab League was established on 22 March 1945. As per
Article 5 of the Treaty, the members have also undertaken not to use force in settlement of
mutual disputes. The LAS has adopted The Pact of the League of Arab States on the peaceful
settlement of disputes between member states. The contending parties has to apply to the
council for the settlement of dispute and decision of the Council shall be effective and
obligatory.

5) Association of Southeast Asian Nations (ASEAN) : The dispute settlement mechanism of

ASEAN is built on the spirit of negotiation and mediation. ASEAN has adopted "Protocal To the
 ASEAN Charter on Dispute Settlement Mechanism 2010'', Under this disputes are settled among
member states .
6) Central Treaty Organization (C.E.N.T.O) : Central Treaty Organization also known as
Baghdad Pact, was established in 1955 at Baghdad, Iraq.
7) South Asian Association for Regional Cooperation (SAARC) : It offers conflict management
and multi-track diplomacy as keys to peace in South Asian Region. At the 2005 SAARC summit in
Dhaka, the member states agreed to establish a SAARC Arbitration Council in Pakistan. However
the council is set up to deal commercial disputes only.

Conclusion

The capability of the United Nations in peace-keeping is overstretched due to the ever-increasing
number of operations. Regional approaches to settlement of disputes could be realized through an
active cooperation between the United Nations and regional organizations. Joint operations under
flexible, innovative mandates could enhance international peace and security effectively. We must be
open to allow experimentation of joint actions or interplay of the regional organizations and the United
Nations. The cooperation between the United Nations and regional organizations is in the initial stages
and there is a need for further refinement and development.

REFERENCES

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2. Dr. H.O Agarwal, International Law and Human Rights(21st edition), Central Law publications,
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4. Dr. S.K. Kapoor, International Law and Human Rights (19th edition), Central Law Agency, 2013
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