Peaceful Settlement of Disputes under International Law

Peaceful Settlement of Disputes under International Law

Introduction

The peaceful settlement of disputes is one of the foundational principles of international law and international relations. It is based on the belief that conflicts between States should be resolved by peaceful means and not by force or coercion.
The principle is embodied in Article 2(3) and Article 33(1) of the Charter of the United Nations, which obliges member States to settle their international disputes by peaceful means in such a manner that international peace, security, and justice are not endangered.
The idea of peaceful dispute resolution forms part of the rule of good faith (pacta sunt servanda) and the overall framework of international cooperation under the UN Charter. The obligation is not only moral but legal, arising from the sovereign equality of States and the prohibition of the use of force.

Legal Basis and Framework

The main legal foundation for peaceful settlement of disputes comes from:

1-The UN Charter, especially Chapters VI and XIV;
2-The Statute of the International Court of Justice (ICJ);
3-Customary international law and general principles recognized by civilized nations.
4-Article 33(1) of the UN Charter specifically lists methods of peaceful settlement such as: Negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice.

Methods of Peaceful Settlement

(a) Negotiation

Negotiation is the simplest and most direct method of resolving disputes. It involves diplomatic discussions between the concerned States without third-party intervention.
In the reference material, negotiation is also described as the first step in treaty-making, illustrating how States initially attempt to settle issues diplomatically before resorting to formal agreements. Negotiation ensures confidentiality, preserves relations, and is most effective when parties act in good faith and on an equal footing.

(b) Enquiry (Fact-Finding)

When a dispute arises due to conflicting facts, an International Commission of Enquiry may be established to ascertain the facts impartially. The Hague Convention (I) of 1899 and 1907 formally recognized this method. Fact-finding serves as a preliminary mechanism that prevents escalation by clarifying misunderstandings.

(c) Mediation

In mediation, a third State or an international organization actively participates in bringing about a compromise. The mediator can suggest solutions but cannot impose them.
This method is commonly used in political and territorial disputes. The United Nations Secretary-General often plays a mediatory role in such contexts.

(d) Conciliation

Conciliation combines elements of enquiry and mediation. A Conciliation Commission investigates the dispute and submits a non-binding proposal for settlement. It is more formalized than mediation but remains non-compulsory. The process has been codified in instruments such as the Vienna Convention on the Law of Treaties, which promotes negotiation and conciliation before termination of treaty obligations.

(e) Arbitration

Arbitration is a quasi-judicial method where the dispute is referred to one or more arbitrators chosen by the parties. The decision (award) is binding on the parties. Arbitration is governed by the Permanent Court of Arbitration (PCA) established under the Hague Convention of 1899.

Case Reference : UK/French Continental Shelf Arbitration (1978)
The UK/French Continental Shelf Arbitration, which involved interpretation of the 1958 Continental Shelf Convention and reservations under Article 6 of that Convention.
The Court of Arbitration applied principles of mutual consent and treaty interpretation, embodying the essence of peaceful adjudication. This case illustrates arbitration as a method of peacefully settling boundary disputes through legal mechanisms rather than coercive actions.

(f) Judicial Settlement

Judicial settlement refers to referring disputes to an international court, primarily the International Court of Justice (ICJ), whose judgments are binding on the parties.

Case Reference: Armed Activities on the Territory of the Congo (Congo v. Rwanda, ICJ 2006)
The Democratic Republic of Congo brought a case against Rwanda before the ICJ, alleging violations under the Genocide Convention. The ICJ examined whether Rwanda’s reservation to Article IX (regarding jurisdiction) was valid. It held that the reservation was not contrary to the object and purpose of the Convention, and thus it lacked
jurisdiction to proceed with the merits of the case. This case demonstrates how the ICJ serves as a peaceful adjudicatory body ensuring that treaty disputes are addressed through lawful, reasoned, and non-violent means.

(g) Settlement through Regional Arrangements

Regional organizations like the African Union, European Union, or Organization of American States (OAS) also provide frameworks for peaceful dispute resolution through dialogue and legal mechanisms within regional contexts.

The Principle of Good Faith and the UN Charter

The reference document emphasizes the principle of good faith as inherent in all treaty obligations and dispute settlements. Article 2(2) of the UN Charter states that all
members shall fulfil in good faith the obligations assumed by them. This ensures that States cannot invoke internal law or political expediency to avoid their international responsibilities. The Permanent Court of International Justice (PCIJ) and the International Court of Justice (ICJ) have repeatedly affirmed this principle in cases such
as:
• Minority Schools in Albania (1935)
• Treatment of Polish Nationals in Danzig (1932)
Both cases stressed that treaties and obligations must be performed in good faith, laying a moral and legal foundation for peaceful dispute resolution.

Importance of Peaceful Settlement

The peaceful settlement of disputes:
• Preserves international peace and security;
• Reinforces sovereign equality and non-intervention;
• Ensures respect for international law and the rule of law; and
• Promotes cooperation and dialogue among nations.
It embodies the vision of the UN Charter and the Vienna Convention on the Law of Treaties, which encourage States to resolve conflicts without resorting to force.

Conclusion
The peaceful settlement of disputes is a cornerstone of modern international law, ensuring that conflicts between nations are resolved through law, dialogue, and justice, not aggression or unilateral action. From negotiation and mediation to arbitration and judicial settlement, these mechanisms embody the spirit of pacta sunt servanda — that international commitments, once made, must be honoured in good faith. As illustrated by cases like the UK/French Continental Shelf Arbitration (1978) and the Congo v.
Rwanda (2006), the international community continually reinforces that peace and law must prevail over force and confrontation.