International Peace Day

The peaceful settlement of international disputes is an uninterrupted and continuous method based on international law. Where the States join as equal units in rights. According to the 1982 Declaration, the States have the duty to resort to only peaceful means of settlement in case of dispute. Disputes are intricately linked to international relations. These disputes are not just among states any longer, but also between the states and international organizations or other non-state actors.

The UN Charter plays a key role concerning disputes among states. It states that all member states must resolve their international disputes by peaceful means in a way that international security, peace and justice are not disturbed.[1] This viewpoint was confirmed in the Manila Declaration on the Peaceful Settlement of Disputes in the 1982 resolution[2] of the UN General Assembly.

Pacific settlement of international disputes is a fundamental principle of international law of a significant character. It is developed on Principles of International Law concerning Friendly Relations and Co-operation among States[3] and formulated per se in the UN Charter[4]. The origins of the principle of international law can be traced back to the very first Hague Peace Conference in 1899[5] that created a Convention for the Pacific Settlement of International Disputes. The second Hague Peace Conference in 1907, produced an added Convention for the Pacific Settlement of International Disputes.

In the case of Military and Paramilitary Activities in and against Nicaragua, the ICJ stated the principle that the disputed parties should seek a solution by pacific methods is complementary to the principles of an unreasonable nature.

The disagreement between two states can arise on political or legal grounds. The distinction between the two is subjective. The attitude of the state distinguishes it into legal or political. States must wish to settle the legal dispute on the basis of law or else it turns into a political dispute. however, the procedure for settlement of disputes as laid down in international law deals only with legal disputes. In the case of Nicaragua v. Honduras, which concerned the Border and Transborder Armed Action, the court stated that it is concerned only with the legal aspects of the dispute.

If there is any case involving both legal and political aspects, the court cannot itself with the political aspects of such case. Therefore, dispute has a very restricted meaning in the International Law as it does not involve all forms of disputes but only the legal one. In International Law, there are two methods formulated for settling legal disputes- amicable or pacific means of settlement, and coercive or compulsive means of settlement.

International law intends to overcome the chances of war and violence. It believes in solving the dispute through amicable and pacific means on the merits of diplomatic, judicial, and political bases. To avoid the chances of war, it provides for certain measures and means of resolving the disputes arising among the states. However, it recognizes the coercive and compulsive means of settling disputes in certain extraordinary cases that threaten international peace and security.

[1] Article 2(3) of the UN Charter 1945

[2] A/RES/37/10, Manila Declaration on the Peaceful Settlement of Disputes.

[3] 2625 (XXV), “Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations” [available at: http://www.un-documents.net/a25r2625.htm%5D 

[4] Article 2, 3 UN Charter 1945

[5] Peace Conference at the Hague 1899: General Report of the United States Commission [available at: https://avalon.law.yale.edu/19th_century/hag99-04.asp%5D