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In Theory: Peaceful Settlement of Disputes and International Security

NCJ Number
106602
Journal
Negotiation Journal Volume: 3 Issue: 2 Dated: (April 1987) Pages: 155-166
Author(s)
L B Sohn
Date Published
1987
Length
12 pages
Annotation
While the Charter of the United Nations (UN) is clear about the goals to be achieved by the settlement of international disputes, it does not prescribe any particular method for achieving the objectives.
Abstract
Good faith diplomatic negotiations are the major means used by international disputants. Others include consultation, mediation, good offices, arbitration, fact-finding, conciliation, and judicial settlement. While the U.N. Security Council has quieted down many situations, it has been less successful in settling international disputes in such a way that they do not flare up again. Factors contributing to this lack of success include the inability to impose settlements upon States by force, States' unwillingness to accept in advance the obligatory jurisdiction of international courts, and difficulty in maintaining States' consent to third-party settlement. While the UN has worked to improve the means available for dispute settlement, more needs to be done. A first step might be to gather all the provisions on international dispute settlement that are not scattered in various documents of limited acceptance and contested normative value into a set of guidelines or a code of international procedures. 1 note.