Book contents
- Frontmatter
- Contents
- Preface
- Table of cases
- Table of treaties and selected other international instruments
- List of abbreviations
- 1 The nature and development of international law
- 2 International law today
- 3 Sources
- 4 International law and municipal law
- 5 The subjects of international law
- 6 The international protection of human rights
- 7 The regional protection of human rights
- 8 Individual criminal responsibility in international law
- 9 Recognition
- 10 Territory
- 11 The law of the sea
- 12 Jurisdiction
- 13 Immunities from jurisdiction
- 14 State responsibility
- 15 International environmental law
- 16 The law of treaties
- 17 State succession
- 18 The settlement of disputes by peaceful means
- 19 The International Court of Justice
- 20 International law and the use of force by states
- 21 International humanitarian law
- 22 The United Nations
- 23 International institutions
- Some useful international law websites
- Index
18 - The settlement of disputes by peaceful means
Published online by Cambridge University Press: 05 June 2012
- Frontmatter
- Contents
- Preface
- Table of cases
- Table of treaties and selected other international instruments
- List of abbreviations
- 1 The nature and development of international law
- 2 International law today
- 3 Sources
- 4 International law and municipal law
- 5 The subjects of international law
- 6 The international protection of human rights
- 7 The regional protection of human rights
- 8 Individual criminal responsibility in international law
- 9 Recognition
- 10 Territory
- 11 The law of the sea
- 12 Jurisdiction
- 13 Immunities from jurisdiction
- 14 State responsibility
- 15 International environmental law
- 16 The law of treaties
- 17 State succession
- 18 The settlement of disputes by peaceful means
- 19 The International Court of Justice
- 20 International law and the use of force by states
- 21 International humanitarian law
- 22 The United Nations
- 23 International institutions
- Some useful international law websites
- Index
Summary
It is fair to say that international law has always considered its fundamental purpose to be the maintenance of peace. Although ethical preoccupations stimulated its development and inform its growth, international law has historically been regarded by the international community primarily as a means to ensure the establishment and preservation of world peace and security. This chapter is concerned with the procedures available within the international order for the peaceful resolution of disputes and conflicts, except for judicial procedures covered elsewhere.
Basically the techniques of conflict management fall into two categories: diplomatic procedures and adjudication. The former involves an attempt to resolve differences either by the contending parties themselves or with the aid of other entities by the use of the discussion and factfinding methods. Adjudication procedures involve the determination by a disinterested third party of the legal and factual issues involved, either by arbitration or by the decision of judicial organs.
The political approach to conflict settlement is divided into two sections, with the measures applicable by the United Nations being separately examined (in chapter 22) as they possess a distinctive character. Although for the sake of convenience each method of dispute settlement is separately examined, it should be noted that in any given situation a range of mechanisms may well be utilised. A good example of this is afforded by the successful settlement of the Chad–Libya boundary dispute.
- Type
- Chapter
- Information
- International Law , pp. 1010 - 1056Publisher: Cambridge University PressPrint publication year: 2008