International Third Party Dispute Settlement

Abstract:     
This essay, a chapter in a U.S. Institute of Peace sponsored volume exploring various approaches to international conflict management, discusses the potential role of third-party intervention in dispute settlement.

After noting several broad questions underlying the study of dispute settlement problems and processes more generally, the essay discusses: (1) what is meant by “Third-Party Dispute Settlement”?; (2) whether nation-states have an obligation to submit their disputes to third parties for assistance or binding settlement?; (3) why disputing parties may turn to third parties; (4) why third parties may be willing to intervene; (5) what kinds of third-party techniques are available; (6) how third parties can help; (7) which techniques work best; (8) the potential role of adjudication, including its advantages and disadvantages; (9) some limitations of third-party intervention or settlement; (10) how important is third-party dispute settlement and does it really work?; (11) a summary suggesting the proper role of third parties in managing international disputes; and (12) a list of recommendations for measures which might improve the usefulness of such third-party interventions.

These recommended measures include: (1) expanding the availability and use of nonbinding conciliation processes and of the advisory jurisdiction of international tribunals; (2) developing a wider, more easily available and more credible array of international fact-finding, monitoring and verification facilities; (3) exploring ways of making international adjudication and, in particular, resort to the International Court of Justice, more acceptable, accessible and flexible; (4) strengthening the ability of third parties to intervene on a temporary basis in disputes and conflicts to help keep matters from getting worse; (5) developing ways to better use national legal systems to implement international dispute management objectives; and (7) supporting innovative research – particularly empirical and interdisciplinary studies – about international dispute processes and dispute-management techniques, with a listing of research questions that might particularly merit attention.

Number of Pages in PDF File: 21

Keywords: International Dispute Resolution, International Dispute Settlement, International Adjudication, International Courts, Internationla Arbitration, International Law, Third-Party Dispute Settlement, International Mediation, International Conciliation

JEL Classification: K33, K40, K41, K42

Accepted Paper Series