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What are the various means allowing the pacific regulation of the disputes?

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  1. Introduction.
  2. Diplomatic means.
    1. Negotiations. good offices and inquiries.
    2. Mediation and conciliation.
  3. Adjudication means.
    1. Arbitration.
    2. Judicial decisions.
  4. The UN Security Council.
    1. Recommendations and UN's role.
    2. Binding resolutions.
  5. Conclusion.
  6. Bibliography.

The Hague Peace Conference of 1899, marked a new phase in the history of international arbitration. It ended by adopting a Convention on the Pacific Settlement of International Disputes, which dealt not only with arbitration but also with other methods of pacific settlement. Then the league of Nation created a Permanent Court of International Justice in 1922, before the United Nations' International Court of Justice creation in 1946. However, today, the sources are vast when we refer to the regulation of disputes in international law. Treaties, conventions and supranational organizations are such numerous that we may seem lost when it deals with pacific settlement of conflicts, that is to say the exit (without the use of force) of a dispute situation between States, for economic or territorial reasons for example. This impression is reinforced when we know that the parties in dispute can choose between all the means to regulate it, according to their own interests.

[...] As a conclusion, I will say that a lot of conventions, treaties and supranational organizations like the UN have planned some means of pacific settlement of disputes between States to prevent them from using the force and jeopardize peace. These means are quite numerous now, and this diversity is itself a way of avoiding military conflicts. If diplomacy fails, adjudication can solve the problem, or ultimately, regional organizations and finally the UN Security Council should take the appropriate measures to put an end to the ongoing conflict . [...]


[...] Briefly, the inquiries can be found first in the Hague Convention, Article 9 that says: differences of an international nature involving neither honour nor vital interests, and arising from a difference of opinion on points of fact, the Signatory Powers recommend that the parties, who have not been able to come to an agreement by means of diplomacy, should, institute an International Commission of Inquiry, to facilitate a solution of these differences by elucidating the facts by means of an impartial and conscientious investigation.? The difference with the other means is that those commissions are limited to elucidate the facts of the dispute, its nature, but then, they are not participating in the process of settlement . [...]


[...] Diplomatic means First of all, States can regulate their disputes by diplomatic means, in mutual dialogue or with the help of a third party. A. Negotiations, good offices and inquiries Negotiation constitutes the very first diplomatic mean to solve a dispute. In a way, it is the first level. The aim is to reach quickly, a direct and conjoint settlement of the conflict, before it takes too much importance. The advantage is that the negotiations are a flexible mean; it can be used whether for political, judicial or technical disputes. [...]

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