An Overview of International Dispute Settlement

Abstract:     
The importance of crafting practical and acceptable ways to effectively manage and resolve international conflicts and disputes is apparent. This article - the initial article in a new law journal intended to specialize in issues of international dispute settlement - suggests a framework for thinking about this subject.

The article addresses, and discusses in detail, the following questions: (1) What are the characteristics of “international disputes” and how do such disputes differ from other disputes? (2) When and why do we have to try to settle such international disputes? (3) Do states have obligations to settle their disputes peacefully and, if so, what are the sources of such obligations? (4) What kinds of international disputes are there (discussing subject matter, character, nature of parties, importance, effect on other nations, and appropriateness of judicial or other kinds of settlement)? (5) Do disputes follow a typical pattern (discussing how they arise, subsequent history, effect of third party intervention, and range of outcomes)? 6) What techniques are available for settling international disputes (discussing negotiation, good offices and mediation, fact finding and conciliation, arbitration, judicial settlement, and settlement through the UN or other international organizations)? 7) When is a dispute actually settled?; 8) How can disputes be avoided?; 9) What is the relevance of law to dispute settlement?

This article was reprinted in C. Ku and D.F. Diehl, INTERNATIONAL LAW: CLASSIC AND CONTEMPORARY READINGS (Lynn Reiner1998). A second companion article by the author on “International Dispute Settlement and the Role of International Adjudication” appears in the Emory Journal of International Dispute Resolution, Vol.1, No. 2 (Spring 1987), pp. 142-173.

Number of Pages in PDF File: 34

Keywords: international dispute settlement, international dispute management, international relations, international adjudication, international courts, international arbitration, international law, U.S. foreign relations, U.S. foreign policy

JEL Classification: K40, K42

Accepted Paper Series