International Third Party Dispute Settlement
University of Wisconsin Law School
APPROACHES TO PEACE: AN INTELLECTUAL MAP, pp. 189-226, W. Scott Thompson and Kenneth M. Jensen, eds., United States Institute of Peace, 1991
University of Wisconsin Legal Studies Research Paper
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, K42Accepted Paper Series
Date posted: July 16, 2010
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