Mechanisms For Settlement Of International Disputes

The above topic necessarily provokes the evaluation of arbitration vis-à-vis other pacific mechanism for settlement of disputes of International Law. It will also examine how often the various methods have been put into use in the international scene. It will among other things consider the merits and demerits of a particular pacific mechanism in line with the success recorded so far.

In this vein, we shall consider each of the means of settlement one by one. Negotiation, Good Offices, Mediation, Conciliation, Arbitration and Judicial settlement among others are the main pacific mechanisms for the settlement of International Disputes.

Negotiation: parties to a dispute usually attempt to settle dispute through dialogue. It is the precursor to other means of settlement. Negotiation does not involve the use of third party. Through discussions the issues on dispute can be settled. Parties to a dispute may negotiation either through regular or officials specially designated. It should be noted that most States have Legal Advisers who know enough about International Law to recognise a vital claim when they see one and who can usually be relied upon to advise their own states to give way when their legal position is weak.

Good Offices: Another pacific mechanism for settling international disputes is that of good offices. Good offices “refers to a process of intercession by a third party, a group of states or even an individual of such standing as the secretary-general of the United Nations, in an effort to bring the disputants together and induce them to start negotiation”. Good offices is only possible if there is an agreement between the disputing parties.

Mediation: The third means of settlement is mediation. Here, a third party helps to bring out the facts of the dispute through investigations and makes a report which helps in the resolution of the matter. The mediation makes the proposal for the settlement of the disputes instead of contending himself with inducing negotiation.

Conciliation: The process of conciliation involves a third party investigation of the basis of the dispute and the submission of a report embodying suggestions for a settlement. Conciliation involves elements of both inquiry and mediation. This mode of settlement evolved from treaties providing for permanent inquiry commission. Conciliation reports are proposals and do not constitute binding decisions.

Arbitration: According to the Oxford Advanced Learner’s Dictionary, arbitration is the process of having a dispute settled by a person or a group not involved in the dispute”. The International Law Commission defined Arbitration “as a procedure for the settlement of disputes between states by a binding award on the basis of law and as a result of an undertaking voluntarily accepted”.

Arbitration appears to be one of the eldest mechanisms of settling international Disputes. The Creek City states had already evolved not only comprehensive procedural details used in the settlement of various disagreement, but had concluded many treaties under which parties agreed in advance to submit either all or specific categories of disputes to arbitrations. The medieval period witnessed a handful utilisations of arbitration procedures. Some were in the form of Papal Arbitrations and most classical writer on International Law from Victoria and Sorez through Gratius to Vattel endorsed Arbitration.

The procedure of Arbitration is such that the disputants set out in a compromise the issues to be decided, the jurisdiction of the tribunal, the applicable law and procedure. The tribunal may be a single person.

However, an arbitral award is binding on the parties.

Modern arbitration emerged from the Treaty of Amity, Commerce and Navigation between Britain and U.S.A. (Jay Treaty) of 1794, under which three mixed commissions were appointed in equal numbers by both parties with the power to refer to an umpire in the event of a disagreement. They were to settle the outstanding issue that had not been resolved.

The procedure was utilised in the Alabama claims Arbitration of 1872 between America and the United Kingdom. The success recorded encouraged further arbitrations. For example, the Benring Sea and British Guiana and Venezuela Boundary Arbitration at the close of the nineteenth century.

The 1899 Hague Convention for Pacific settlement of dispute embodies some provisions on international arbitrations, the object of which was deemed to be under Article x.

Nevertheless, Arbitration is a method of dispute settlement which combines elements of both diplomatic and judicial procedures. A large part of arbitration depends on negotiation since the disputing parties have to agree on the compromise. On the other hand, it is an adjudicative technique in that the award is final and binding and the arbitrators are required to base their decision on law.

In recent years, there has been a rise in the number of inter-state arbitrations. The Rarm of Kutch case, the Anglo-French Continental Shelf Case, the Beagle Channel Case, and Taba case were all the subjects of arbitral award, usually successful.

Having considered other mechanisms of settling disputes of International Law, it will be proper to assert that arbitration is the most pacific mechanism for the settlement of International Disputes. Arbitration is the most utilised in the International Plane, judging from the success recorded by this mode of dispute settlement. A great number of cases have been settled through arbitration than any other mechanism.

On the other hand, because of combinations, both diplomatic and legal techniques, arbitration has become the favourite of most states in the settlement of international disputes.

Also, arbitration has been very useful in the settlement of boundary issues. It may be that further boundary issues may be determined through this method.

Arbitration is an extremely useful process where some technical expertise is required, or where greater flexibility than is available before the court is required”. Another point to be noted is that arbitration is handled with dispatch much more than the court would offer.

Arbitration may be very useful in disputes arising between States and International Organisations, since only states may appear before the International Court of Justice (ICJ) in contentions proceedings.

Arbitration is employed in order to deal with issues relatively quietly and cheaply. All in all, a number of cases has been dealt with successfully through the medium of arbitration, the Iran-United States Claim Tribunal, the treatment of dual nationality and preponderance of other varied cases have recorded amazing success through this procedure.

Consequently, there is no gain-saying the fact that arbitration is the most utilised pacific mechanism for settlement of disputes of International Law.

Chidi Enyie