International disputes Essay

Different methods are used to resolve international conflicts. Diplomacy and foreign tribunals like the ICJ and WTO are among the main tools. The process of bringing opposing groups to an understanding through a variety of means is referred to as diplomacy. The word “diplomacy” is typically used only in reference to international conflicts. However, it can also be used to resolve disputes within and between organizations. Alternative dispute settlement is another name for diplomacy. It can be accomplished through negotiation, mediation, or an investigation into an ongoing dispute.

The Latin term negotiari, which means to conduct business, is where the word negotiation as a method of dispute resolution originated. It refers to the process of getting into an agreement whereby parties to a dispute get to agree through holding a discussion. It is the most significant way of dispute settlement as it used in preventing disputes from coming up as well as establishes other mechanisms of dispute settlement.

The term Mediation is derived from a Latin word mediates meaning to be in the middle. In mediation, a third party who is nonpartisan usually leads the process of arriving at an understanding of a dispute. The mediator also interprets the proposals of parties to a dispute. If need be, the third party also makes independent proposals. Usually, mediators only provide a platform for communications only.

An Inquiry refers to a process that is undertaken for specified circumstance, purpose or case. Inquiry is a method that is utilized in settling international disputes of any kind. It depends upon the commission set up by the conflicting parties. An inquiry is different from mediation that it tries to solve an entire dispute. It mainly focuses a particular incident.

Any international dispute is usually resolved in the same manner in which domestic conflicts are resolved. It first starts with diplomacy, and in case it fails then the last resort will be international tribunals like dispute resolution panel of the World Trade Organization or the International Court of Justice. In much the same way that a domestic dispute is settled, conflicts can be solved in this kind of means between states or interstate organizations.

Arbitration and Municipal courts are usually used to resolve cases between either an individual or the state, between individuals themselves or between individuals and International organizations.

The ICJ, which began its work in 1946 acts, the primary judicial organ of the United Nations headquartered at the Hague Netherlands. It has two core functions that include settling legal disputes brought to it by states. It is done based upon international law. At the same time, it gives an advisory opinion to legal questions that authorized international bodies and agencies bring to its desk. The ICJ comprises of 15 judges that serve a nine-year term in of office. The United Nations General Assembly and Security Council that sits independently from each other elect the judges.

The ICJ cases can be concluded either if the Court issue its judgments if the involved parties inform the Court that they have arrived at an agreement and as a result, the court order for the removal of a case from its list or if the state(s) involved in a case withdraw its suit.

The World Trade Organization (WTO) is mandated with enforcing and implementing rules of international trade between nations. These rules are found in various collections of WTO agreements like the General Agreements on Trade in Services, Tariffs, and Trade and the Agreements on Trade-Related Aspects of Intellectual Property Rights. These agreements have three main objectives, which include enabling trade to flow easily, achieve liberation through negotiation and set up nonpartisan means of solving trade disputes. WTO’s dispute settlement process is guided by an agreement called the Understanding on Rules and Procedures Governing the Settlement of Disputes

Diplomacy, which is achievable through negotiation and mediation among other means, has the following advantages. Firstly, it allows parties to a dispute to construct their own process of arriving at a settlement and eventually come up with their own settlement to a dispute. It also helps improve communication between parties while at the same time fostering a healthy relationship between parties to a dispute. It is also flexible as resolutions are made to meet the needs and concerns of disputing parties. Equally, it utilizes legal standards of fairness to formulate agreements. Lastly, it helps clarify issues, promotes openness, cooperation and collaboration even if an agreement is not reached. It is also highly confidential since everything is done in private.

However, diplomacy as means to dispute settlement can be used as a mechanism to stall peace efforts. It also holds no capacity to generate legal precedent. Also, parties cannot be coerced to continue with the process of a peace settlement. Finally excluding contentious issues usually makes the final agreement weak especially when there is reduced neutrality.

International tribunals as means of dispute settlement have the following advantages. First, they symbolize the ideal rule of law in international legal systems. It is due to its permanent nature, which makes nations perceive to be impartial. Also, international tribunals like the ICJ can create new jurisprudence in the case of an absence of any doctrines of precedent to guide particular cases forwarded to them.

International tribunals also symbolize the availability of means of peaceful dispute settlement thereby reminding member states in a dispute with each other of an availability of the tribunals as a means of dispute resolution. They are also convenient and readily available meaning that parties to a dispute do not need to establish ad hoc tribunals to resolve their differences. They just resort to the already existing tribunals.

These tribunals are also independent and professional as they are usually made up of the judges who work on part time basis for a fixed period on a single case which help[s ensure impartiality in the conduct of cases. They also have a capability of consistently developing the law.

However, the disadvantages of tribunals are as follows. First, their procedures are inflexible in that they are strict on laid down procedures. Also, its composition is fixed, and parties to a dispute have no control to it. International tribunals are also perceived to be public, prestigious and precedential in handling cases as compared to parties to a dispute. Therefore, it makes parties to a dispute fear chances of increased likelihood of getting adverse judgments from these tribunals.

In my own view, international dispute settlement has a direct impact on international trade and business decisions. It is because peace efforts and dispute settlement propagated by these methods of dispute resolution help create a peaceful climate for trade. They also help different world states make vital business decisions. For instance, the WTO is mandated with enforcing and implementing rules of international trade between different nations.