This section deals with the practice of the Security Council in promoting and implementing recommendations and methods or procedures for the peaceful settlement of disputes under Articles 33 to 38 of Chapter VI and Articles 11 and 99 of the Charter of the United Nations. Overall, Chapter VI of the Charter contains various provisions under which the Security Council may make recommendations to the parties to a dispute or situation. In the case of arbitration, the award shall be rendered by a single arbitrator or arbitral tribunal. The main feature of this method is that the award is binding on the parties and must be enforced in good faith. Arbitration was defined in 1899 by the Hague Convention on the Settlement of Disputes in the Pacific Ocean as the settlement of disputes between States by judges of their choice in accordance with the law. This method is considered the most effective means of dispute settlement, as it covers both diplomatic and legal aspects. The United Nations Convention on the Recognition of Foreign Arbitral Awards prescribes arbitral awards rendered in each State in dispute, irrespective of the nationality of the parties to the dispute. A blockade of the Pacific is a blockade that serves to put pressure on a weaker state without any real action. When the coast of one state is blocked by another state in order to prevent the entry of ships of all nations through the use of warships and other means to exert economic and political pressure on that state, this is explicitly called blockade. The requirements of a blockade of the Pacific are similar to those required for a normal blockade during war. It has been seen as an aggressive means of settling international disputes, as it involves temporarily suspending the trade of the State concerned by closing access to the coasts. The numerous cases of blockade during the nineteenth century justified the admissibility of peaceful blockades for the settlement of international political and legal disputes. While the blockade is currently illegal when applied individually by the State, the collective blockade used under the authority of the Security Council to settle the dispute is legal.
An agreement was reached between India and Pakistan to submit the Kutch dispute to arbitration. The consent of the parties will also be obtained before any dispute. Arbitration has four main characteristics: The peaceful settlement of international disputes is a fundamental principle of international law of a peremptory nature. It is formulated as such in the Charter of the United Nations (Article 2.3) and elaborated in United Nations General Assembly resolution 2625 (XXV) on principles of international law relating to friendly relations and cooperation among States. The origins of this principle go back to the first Hague Peace Conference in 1899, which resulted in a convention for the peaceful settlement of international disputes. The Second Hague Peace Conference in 1907 produced another convention for the peaceful settlement of international disputes. Under the Covenant of the League of Nations, this commitment to the peaceful settlement of disputes was reinforced by a moratorium on the use of force. The obligation of States to settle their disputes by peaceful methods became apparent when the prohibition of the use of force was finally formulated in Article 2.4 of the Charter of the United Nations (Article 2.3; Article 33). (ICJ, judgment of 27 June 1986, Military and Paramilitary Activities in and against Nicaragua, [1986] ECR 145, paragraph 290, according to which the principle that the parties to a dispute must seek a solution by peaceful means complements the principle of prohibition). On the basis of this principle, Article 33 of the Charter of the United Nations contains a non-exhaustive list of peaceful methods of dispute settlement, including negotiations, investigations, mediation, conciliation, arbitration, judicial settlement and recourse to regional agreements. As provided for in Article 37.1 of the Charter of the United Nations, the Parties are obliged to refer the matter to the Security Council if the efforts of the Parties to settle their dispute fail. Traditionally, in the area of the peaceful settlement of disputes, much of the attention of international law has focused on binding methods of peaceful settlement.
Less attention has been paid to the diplomatic means of the settlement. Nevertheless, international legal experts have recognized that soft law methods of dispute settlement deserve to be considered as a source of intergovernmental practice. State action in this area can be presented as a criterion for interpreting certain international rules and even as a driving force for the transformation of international law. This article deals exclusively with the analysis of diplomatic/non-binding means for the peaceful settlement of international disputes. With the exception of general references to the practice of international and regional organizations, we do not intend to undertake here a systematic study of the settlement of disputes within the framework of those organizations. While diplomatic means of dispute settlement do not exclude contemporary international law, they are becoming increasingly important. Within the United Nations, for example, the demand for mediation services has exploded over the past two decades, and the UN Secretary-General has identified mediation as the most promising method of dispute resolution (Report of the UN Secretary-General on strengthening mediation and its support activities, P/2009/189, p. 3). This article examines the different ways in which disputes are resolved internationally. Within the framework of the international order for the peaceful settlement of disputes and conflicts, binding and non-binding procedures are available. Basically, conflict management techniques fall into two categories: diplomatic procedures and jurisdiction.
This article also covers the landmark Kulbhushan Jadav case, the peaceful settlement of the Farakka Dam shooting, the role of the International Court of Justice and the Naulilaa case. These cases have been added along with other examples for a better understanding of the topic. Arbitration is the process in which assistance, advice, and recommendations from a third party called an arbitrator are used to resolve disputes. The International Law Commission defines it as “a procedure for the settlement of disputes between States by binding arbitration on the basis of law and on the basis of a voluntary obligation”. Because of its tendency to mix civil and common law procedures, international arbitration is sometimes referred to as a hybrid form of international dispute resolution.