Relevant bibliographies by topics / Diplomatic negotiation of international disputes

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  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers

Academic literature on the topic 'Diplomatic negotiation of international disputes'

Author: Grafiati
Published: 4 June 2021
Last updated: 1 February 2022

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Journal articles on the topic "Diplomatic negotiation of international disputes"

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Elsig, Manfred. "Legalization in context: The design of the WTO’s dispute settlement system." British Journal of Politics and International Relations 19, no. 2 (February 13, 2017): 304–19. http://dx.doi.org/10.1177/1369148117690890.

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This article asks why the dispute settlement provisions of the multilateral trading system underwent significant reforms during the negotiations that led to the creation of the World Trade Organization (WTO) in 1995. Why did the leading trading powers accept a highly legalized system that departed from established political–diplomatic forms of settling disputes? The contribution of this article is threefold. First, it complements existing accounts that exclusively focus on the United States with a novel explanation that takes account of contextual factors. Second, it offers an in-depth empirical case study based on interviews with negotiators who were involved and novel archival evidence on the creation of the new WTO dispute settlement system. Third, by unpacking the long-standing puzzle of why states designed a highly legalized system, it addresses selected blind spots of the legalization and the rational design literatures with the aim of providing a better understanding about potential paths leading toward significant changes in legalization.
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Tinker, Catherine. "The Guarani Aquifer Accord." Law & Practice of International Courts and Tribunals 15, no. 2 (September 22, 2016): 249–63. http://dx.doi.org/10.1163/15718034-12341321.

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The Guarani Aquifer Accord of 2010 represents a plan for the multiple, sustainable, equitable and reasonable use of the water of the Guarani Aquifer System and a pledge to prevent significant harm to this vast natural resource in South America. Based on good science and good international law, this regional agreement was reached by Brazil, Argentina, Uruguay and Paraguay, acknowledging the environmental, economic and geopolitical importance of the underground water linking the four states known as the “Guarani Aquifer System.” The Guarani Aquifer Accord (“Acordo sobre o Aquífero Guarani” or “Acuerdo Aquífero Guarani”) is the first regional treaty to be modeled after the International Law Commission Draft Articles on Transboundary Aquifers of 2008, which address “confined” aquifers that are outside the scope of the United Nations Watercourses Convention of 1997. This article explores the Guarani Aquifer Accord’s provisions for exchanges of scientific and technical information, notification and consultation, direct negotiations, referral to a joint commission to be created once the Accord enters into force for evaluation and recommendations in case of a dispute, and the option of a subsequent arbitration protocol to be negotiated in future. Taken together, procedural requirements and the provisions in the Accord in favor of diplomatic and political resolution of future disputes over the use and protection of the water may forestall the need to resort to litigation in international courts or tribunals. This article concludes that, even absent an additional protocol for arbitration of disputes and absent the establishment of a joint commission to facilitate information exchange, convene regular meetings and build trust as contained in the agreement, the Guarani Aquifer Accord provides a framework for regional cooperation designed to avoid or resolve conflicts.
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Corbacho, Alejandro Luis. "Prenegotiation and Mediation: Anglo-Argentine Diplomacy After the Falklands/Malvinas War, 1983–1989." International Negotiation 13, no. 3 (2008): 311–39. http://dx.doi.org/10.1163/157180608x365244.

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AbstractThis paper studies the process of prenegotiation and the role of mediators between the Argentine and British governments concerning the sovereignty dispute of the Falkland/Malvinas Islands between 1982 and 1990. During this period, the relationship between both governments evolved from rupture and norelations to an agreement on the conditions to negotiate the renewal of full diplomatic relations which was concluded in early 1990. In a preliminary process of prenegotiation, the governments of Switzerland, initially, and the United States played a role in helping to reach an agreement. The former failed when the talks ended abruptly in July 1984. The latter succeeded in getting both parties to the table and keeping them there, thus avoiding a potential rupture until the two parties reached an agreement in principle. During the prenegotiation stage, the principal parties were able to reduce the risks of escalation; they defined and narrowed the boundaries of the dispute, clearly identified the trade-offs, and structured the agenda of formal negotiations. Consequently, the likelihood of successful negotiation improves significantly when the parties reach an agreement during prenegotiation on what will be discussed later. This case also illustrate that sometimes, when negotiations reach a point of stalemate, a mediator can help to find a “zone of agreement.” When this situation occurs, the degree of involvement and the resources of the mediator are particularly important. Finally, this case confirms the assertions that effective mediation is more a matter of leverage and influence than a matter of impartiality.
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Aldrich, George H., and Christine M. Chinkin. "A Century of Achievement and Unfinished Work." American Journal of International Law 94, no. 1 (January 2000): 90–98. http://dx.doi.org/10.2307/2555233.

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The Hague Conferences that produced the Conventions of 1899 and 1907 closed the nineteenth century and opened the twentieth. They established an agenda for negotiation, in the parliamentary-diplomatic mode, for the next hundred years; elevated the development of mechanisms of dispute resolution to new prominence; tried to order many areas of armed conflict with new international law; and, perhaps unintentionally, set parameters for the future diplomacy of international conferences.Subsequent international lawmaking efforts grappled with many of the themes debated at The Hague, even as the political landscape of international law was completely transformed by the breakup of empires and the advent of almost two hundred new states; the founding of international organizations and regional organizations that could scarcely have been imagined in 1899, and the establishment of a truly permanent international judicial institution, followed by the creation of many other judicial institutions with more focused jurisdictions. Despite these changes, much of the style of the Hague Conferences left a deep imprint on international law. The mixture of lofty rhetoric, prophetic international legal vision, and narrow political interest of the Hague Conferences became a characteristic, even an expected feature, of collective international lawmaking efforts in this century.
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Maxwell, Neville. "Why the Sino–Indian Border Dispute is Still Unresolved after 50 Years: A Recapitulation." China Report 47, no. 2 (May 2011): 71–82. http://dx.doi.org/10.1177/000944551104700202.

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In its dying days the British Empire in India launched an aggressive annexation of what it recognised to be legally Chinese territory. The government of independent India inherited that border dispute and intensified it, completing the annexation and ignoring China’s protests. The People’s Republic of China (PRC) government, acquiescing in the loss of territory, offered diplomatic legalisation of the new boundary India had imposed in its North-East but the Nehru government refused to negotiate. It then developed and advanced a claim to Chinese territory in the north-west, again refusing to submit the claim to negotiation. Persistent Indian attempts to implement its territorial claims by armed force led to the 1962 border war. The Indian defeat did not lead to any change of policy; both the claims and the refusal to negotiate were maintained. The dead-locked Sino–Indian dispute and armed confrontation are thus the consequence of Indian expansionism and intransigence.
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K.C., Khadga. "The South China Sea Issue: Its Implications on South East Asian Security." Journal of International Affairs 1, no. 1 (October 3, 2016): 45–62. http://dx.doi.org/10.3126/joia.v1i1.22640.

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Although the Chinese government has a strong preference for bilateral diplomatic negotiations to resolve disputes, its status as a party to UNCLOS and its continuing failure to reach a settlement with the Philippines has exposed it to the risk of litigation. Additionally, if the arbitration goes forward, China may be at a disadvantage because several Chinese assertions about their South China Sea rights are not well supported in international law. China’s leaders may also have concerns about avoid nationalists who are sensitive to any perception that the government lost control of a high profile issue to a small Southeast Asian state and a Japanese judge. Nonetheless, now that the Chinese have rejected the process, the panel will proceed without them, providing a small “victory” for Manila and potentially swinging international public opinion toward the Philippines. China being an established regional power and aspiring global power would better show her generosity to take the countries in neighborhood in confidence. For this, resolving South China Sea issue by win-win strategy will be of great benefit for regional stability and security in South East Asian region.
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Canetti, Daphna, Ibrahim Khatib, Aviad Rubin, and Carly Wayne. "Framing and fighting: The impact of conflict frames on political attitudes." Journal of Peace Research 56, no. 6 (March 21, 2019): 737–52. http://dx.doi.org/10.1177/0022343319826324.

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How does the subjective conceptual framing of conflict impact the warring parties’ attitudes towards political compromise and negotiation? To assess strategies for conflict resolution, researchers frequently try to determine the defining dispute of a given conflict. However, involved parties often view the conflict through fundamentally distinct lenses. Currently, researchers do not possess a clear theoretical or methodological way to conceptualize the complexity of such competing frames and their effects on conflict resolution. This article addresses this gap. Using the Israeli–Palestinian conflict as a case study, we run a series of focus groups and three surveys among Jewish citizens of Israel, Palestinian citizens of Israel (PCIs), and Palestinians in the West Bank. Results reveal that three conflict frames are prominent – material, nationalist, and religious. However, the parties to the conflict differ in their dominant interpretation of the conflict. Jewish Israelis mostly frame the conflict as nationalist, whereas Palestinians, in both the West Bank and Israel, frame it as religious. Moreover, these frames impact conflict attitudes: a religious frame was associated with significantly less willingness to compromise in potential diplomatic negotiations among both Jewish and Palestinian citizens of Israel. Interestingly, differing frames had no significant impact on the political attitudes of West Bank Palestinians, suggesting that the daily realities of conflict there may be creating more static, militant attitudes among that population. These results challenge the efficacy of material solutions to the conflict and demonstrate the micro-foundations underpinning civilians’ conflict attitudes and their implications for successful conflict resolution.
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Khanal, Bharat. "Geo-Strategic Imperative of North-Western Border: Triangular Region Kalapani - Lipulekh and Limpiadhura of Nepal." Unity Journal 2 (August 11, 2021): 29–40. http://dx.doi.org/10.3126/unityj.v2i0.38789.

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The extreme north western region of Nepal is bordered with India and China and separated by Mahakali River. As per Article 5 of Sugauli treaty and various other evidences like, historical facts, ancient maps, river science, government correspondence and other documents proves that the river originating from Limpiadhura form the international boundary between Nepal and China. However, the certain parts of Nepalese territory have been under the control of India from seven decades. Owing to the historical and geographical proximity, Nepal has maintained special relations with her immediate neighbors, India and China, despite several complex situations. Remaining away from strategic competition and rivalry; and gaining maximum benefit from India and China as they are global and regional players would best serve the national interest of Nepal. Underdeveloped nature of physical infrastructures, nascent institutional structures and poor presence of government machinery in the North western border of Nepal has complicated the problem. Our neighbors should be sensitive and respectful to our concerns and interests. Delicate handling of border issues is in our interest. Nepal has become the center of geopolitical interest in the present world. Sands of geopolitics are constantly shifting in South Asia and Nepal cannot remain aloof from it. Influence in Nepal from competition and cooperation is rising. There is a need of cooperation for transit economy and trilateral cooperation. Nepal should use her diplomatic expertise and regain our territory by maintaining friendly and harmonious relations with her neighbors. Nepal and India shouldn’t delay in resolving such outstanding disputes. Both countries should bring their evidences and carefully examine that evidence by creating a favorable negotiating environment. Above all, national consensus on such sensitive issue is important.
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Hooghoudt, Kay. "The Falkland Islands (Malvinas) in the Twilight of Colonialism." Leiden Journal of International Law 3, no. 2 (December 1990): 179–200. http://dx.doi.org/10.1017/s0922156500001461.

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With the restoration of diplomatic relations between Argentina and the United Kingdom earlier this year, the conflict on the Falkland Islands (Malvinas) enters a new phase. Kay Hooghoudt looks back at the conflict and describes the lessons that can be learned from it. His main conclusion is that as a consequence of the attitude of the UK in the decolonization proces the dispute shifted from a conflict on territorial sovereignty to a dispute on the obligation to negotiate. The author holds that as the Security Council did not act adequately, Argentina did not act contrary to international law by using force to compel the UK to continue the negotiations on sovereignty over the islands. Now that negotiations have started again, the Security Council should act in order to ensure that these negotiations will deal with the crux of the matter, the issue of sovereignty.
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Maass, Matthias. "‘Soft’ Coercive Diplomacy versus Informal Resistance: Attempts at Deporting ‘Illegal Vietnamese’ from Reunifying Germany, 1990-1995." Hague Journal of Diplomacy 9, no. 3 (August 29, 2014): 221–52. http://dx.doi.org/10.1163/1871191x-12341287.

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During the period of Germany’s reunification in the early 1990s, disagreement between Germany and Vietnam over the return of Vietnamese individuals to Vietnam escalated into a diplomatic dispute that also spilled over into Vietnam’s negotiations with the European Union over a major eu–Vietnam treaty. In mid-1995, however, the German and Vietnamese governments finally agreed on a repatriation arrangement that allowed Germany to begin deporting about 40,000 Vietnamese who were living in Germany illegally. This article explores the episode in the wider context of diplomatic dispute resolution. While Germany was demanding full cooperation from Vietnam on the issue of returning Vietnamese nationals, the Vietnamese government initially resisted large-scale repatriation for economic and social reasons. Hanoi attempted to frame the discussion within bilateral negotiations, economic costs and human rights, whereas Bonn argued from the perspective of customary international law and applied increasingly coercive diplomacy. German authorities escalated the disagreement and made economic threats with the aim of changing Hanoi’s behaviour. In order to frame this approach analytically, this article uses a modified form of coercive diplomacy. The analysis proceeds in three stages: first, the article analyses the origins of the dispute, which had its roots in German reunification; second, it evaluates the legal arguments advanced by each side; and third, it investigates Germany’s ‘soft’ coercive diplomacy and Vietnam’s response. The article concludes with an evaluation of Germany’s approach, benchmarking 1995’s diplomatic outcome against results on the ground, namely the number of returnees to Vietnam.
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Dissertations / Theses on the topic "Diplomatic negotiation of international disputes"

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Lebowitz, David E. Biswas Bidisha. "Can this wait? Civil conflict negotiation and the content of ethnic identity /." Online version, 2010. http://content.wwu.edu/cdm-theses/item_viewer.php?CISOROOT=/theses&CISOPTR=328&CISOBOX=1&REC=17.

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Kurizaki, Shuhei. "The logic of diplomacy in international disputes." Diss., Restricted to subscribing institutions, 2007. http://proquest.umi.com/pqdweb?did=1467893811&sid=1&Fmt=2&clientId=1564&RQT=309&VName=PQD.

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Mandela, Siyabulela. "Preventive diplomacy and conflict provention in Africa." Thesis, Nelson Mandela Metropolitan University, 2017. http://hdl.handle.net/10948/13435.

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South Africa‟s participation in international peace missions is guided by the White Paper of 1998 and premised specifically on the country‟s foreign policy objectives based on its vision of “a better South Africa, a better Africa and a better world”. South Africa recognises itself as an integral part of the African continent and therefore sees its national interests as being intrinsically linked to Africa‟s stability, unity and prosperity. Since 1994, South Africa has placed itself at the forefront of Africa's peace and security endeavours, trying to transform itself from international villain during apartheid years to Pan-Africanist peacemaker. The country has played an instrumental role in both shaping and setting the normative agenda of the African Union and Southern African Development Community. South Africa‟s participation in conflict resolution and peace missions in Africa is informed by an understanding of the nexus that exists between peace, security and sustainable development. This research focuses on South Africa‟s diplomatic and peacekeeping engagement in Lesotho, covering the constitutional and electoral crises from 1994 - 2015 constitutional crisis. The author shows the importance and way forward to resolve conflicts before they become escalated and deadly. The study calls for a „timely‟ reaction to disputes and conflicts on the African continent via preventive diplomacy, conflict provention and addressing of underlying issues that give rise to disputes and conflict.
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Lee, Giseong. "U.S. coercive diplomacy towards North Korea." Thesis, Available from the University of Aberdeen Library and Historic Collections Digital Resources, 2009. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?application=DIGITOOL-3&owner=resourcediscovery&custom_att_2=simple_viewer&pid=33426.

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Choi, Seung-Whan. "Civil-military dynamics, democracy, and international conflict, 1889-1992 : a look beyond the triangular peace /." free to MU campus, to others for purchase, 2002. http://wwwlib.umi.com/cr/mo/fullcit?p3074387.

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Moody, Eric M. "Landmines on the table : a negotiations analysis of the global campaign to ban landmines /." [Gainesville, Fla.] : University of Florida, 2008. http://purl.fcla.edu/fcla/etd/UFE0022903.

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Seo, Hyunjin. "Media coverage of six-party talks a comparative study on media content and journalists' perceptions /." Diss., Columbia, Mo. : University of Missouri-Columbia, 2007. http://hdl.handle.net/10355/5005.

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Thesis (M.A.)--University of Missouri-Columbia, 2007.
The entire dissertation/thesis text is included in the research.pdf file; the official abstract appears in the short.pdf file (which also appears in the research.pdf); a non-technical general description, or public abstract, appears in the public.pdf file. Title from title screen of research.pdf file (viewed on September 30, 2008) Includes bibliographical references.
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Patterson, Jay Reynolds Medhurst Martin J. "Testing foreign policy apologia a rhetorical analysis of the Hainan Incident /." Waco, Tex. : Baylor University, 2009. http://hdl.handle.net/2104/5333.

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Yamanouchi, Yasuhide. "Kōshō no honshitsu kaiyō rejīmu no tenkan to Nihon gaikō /." Tōkyō : Tōkyō Daigaku Shuppankai, 1995. http://books.google.com/books?id=GXBpJsNdWbEC.

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Bukae, Nkosi Makhonya. "An analysis of the Southern African Development Community (SADC) preventive diplomacy in the kingdom of Lesotho: a case study." Thesis, Nelson Mandela Metropolitan University, 2012. http://hdl.handle.net/10948/d1008296.

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The focus of this study is the Southern African Development Community (SADC) preventive diplomacy interventions in Lesotho in 1994, 1998 and 2007. The core aim of the study was to evaluate the efficacy of the SADC security mechanism (the Organ on Politics, Defence and Security (OPDS) in conflict prevention, management and resolution on the basis of the Lesotho experience. Data for this qualitative case study was collected through interviews and document analysis. The twenty four participants for the study were drawn from the SADC OPDS unit, Lesotho political parties, Civil Society Organisations (CSOs), Academics from the University of Botswana (UB) and the National University of Lesotho (NUL), retired Botswana Defence officers who participated in the Lesotho missions and office of the post-2007election dispute dialogue facilitator in Lesotho. Documents on the SADC Treaties, Protocols, Communiqués and interventions in other set ups were used to highlight its operational policies, mandate, structures, successes and challenges. Lesotho was chosen as a case study because SADC employed both non-coercive (SADC Troika and Eminent Person mediation, 1994 and 2007 respectively) and coercive measures (the 1998 military intervention). The findings of the study revealed that SADC as a regional body had its own successes and challenges. Different perceptions on the SADC interventions in Lesotho emerged mainly between the participants from the ruling party and the opposition parties. While the former commended SADC for successfully mitigating the calamitous effects of 1994, 1998 and 2007 post-electoral violence, the opposition parties viewed the regional organisations as engaged in illegal interference in the domestic affairs of the country to defend the incumbent governing party. It also emerged from the study that the SADC security mechanism has numerous structural and operational flaws. There were several unanswered questions revolving around the legality and mandate of some of the missions. For instance, no concrete evidence emerged as to whether the 1998 military intervention was authorised by the SADC. The study also revealed that SADC has learnt valuable lessons from the Lesotho missions. Some of the reforms which the SADC has introduced in the OPDS such as the establishment of the SADC Stand by Force, Early Warning structures, the Mediation Unit, and a panel of expert mediators emanated mainly from the Lesotho experiences. The study recommends that SADC needs to harmonise the efforts of its OPDS structures such as the Mediation Unit; the Troika; the Inter-State Defence and Security Committee (ISDSC); the Inter-State Politics and Diplomacy Committee (ISPDC) and the Summit of Heads of States and Governments for rapid, coherent and well coordinated interventions in future regional preventive missions. It is also recommended that SADC should focus on identifying and mitigating underlying causal factors such as underdevelopment; poverty; deprivation of freedoms, marginalisation and other forms of social stratifications and oppression in its preventive diplomacy missions if durable peace is to be achieved in Lesotho and any other future cases.
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Books on the topic "Diplomatic negotiation of international disputes"

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A, Boyer Mark, and Wilkenfeld Jonathan, eds. International negotiation in a complex world. 3rd ed. Lanham: Rowman & Littlefield, 2010.

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Starkey, Brigid. International negotiation in a complex world. 3rd ed. Lanham: Rowman & Littlefield, 2010.

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B, Bendahmane Diane, McDonald John W. 1922-, and Center for the Study of Foreign Affairs (U.S.), eds. International negotiation, art and science: Report of a Conference on International Negotiation, June 9-10, 1983. [Washington, D.C.]: Foreign Service Institute, U.S. Dept. of State, 1985.

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Lakos, Amos. International negotiations: Negotiation theories : a bibliography. Monticello, Ill: Vance Bibliographies, 1989.

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Persson, Stefan. Dödlägen i internationella förhandlingar. [Nyhamnsläge]: S. Persson, 1992.

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The art of bargaining. Baltimore: Johns Hopkins University Press, 1996.

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Starkey, Brigid. Negotiating a complex world: An introduction to international negotiation. Lanham, Md: Rowman & Littlefield, 1999.

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Pre-negotiation, Project on. A pre-negotiation model: Theory & training ; Project on Pre-negotiation, summary. Edited by Rothman Jay. [Jerusalem, Israel: Leonard Davis Institute, 1990.

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Hiroshi, Kimura. International comparative studies of negotiating behavior: International Symposium, August 28-30, 1996. Kyoto]: International Research Center for Japanese Studies, 1998.

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Montbrial, Thierry de, and Sabine Jansen. Pratiques de la négociation: Actes du colloque tenu le 19 novembre 2003 [Paris, Fondation Singer-Polignac]. Bruxelles: Bruylant, 2004.

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Book chapters on the topic "Diplomatic negotiation of international disputes"

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Bufalini, Alessandro. "Waiting for Negotiations: An Italian Way to Get Out of the Deadlock." In Remedies against Immunity?, 191–208. Berlin, Heidelberg: Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62304-6_9.

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AbstractThe outcome of Judgment 238/2014 does not directly rely on the fact that the international dispute on state immunity involves two member states of the EU. Also, it is difficult to envisage at the European level any normative development on the international rules on state immunity. It seems, however, that some useful lessons can be learnt from the judicial dialogue between the European Court of Justice, the European Court of Human Rights, and constitutional courts. In very general terms and for many reasons, the relationship between constitutional courts and the International Court of Justice (ICJ) cannot rely on particularly sophisticated techniques of judicial dialogue.This encourages us to consider the importance of involving state-level political organs as one of the counterparts to the dialogue. The potential power of judges to address these political organs in order to find a diplomatic solution raises the thorny question of whether this availability of alternative means of dispute settlement at the international level might impact on (or somehow restrict) the right of access to justice for Italian victims. Since both ICJ and the Italian Constitutional Court (ItCC) seem to agree that negotiation is the alternative dispute settlement par excellence (and the only means available to settle the present dispute at the international level), the ItCC might have given more importance to the availability of alternative means of redress—in the form of negotiations between the two states—in order to wear down the absolute character of the principle of judicial protection enshrined in Article 24 of the Italian Constitution.Of course, a negotiated solution depends upon the willingness of both parties, whereas an Italian political initiative aimed at unilaterally granting reparation to the victims is always possible. Moreover, the latter solution may stop the enforcement of Judgment 238/2014 and reduce Italy’s exposure to international responsibility for non-compliance with the 2012 ICJ Judgment. So long as Italian victims and their heirs are compensated, the restriction on their right to seek justice through the courts might become more tolerable for the Italian tribunals.
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Oellers-Frahm, Karin, and Andreas Zimmermann. "Vienna Convention on Diplomatic Relations of April 18, 1961: Optional Protocol Concerning the Compulsory Settlement of Disputes." In Dispute Settlement in Public International Law, 131–34. Berlin, Heidelberg: Springer Berlin Heidelberg, 2001. http://dx.doi.org/10.1007/978-3-642-56626-4_6.

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John R, Crook. "Part V The Functions of International Organizations, Ch.30 Dispute Settlement." In The Oxford Handbook of International Organizations. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780199672202.003.0030.

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This chapter considers two broad categories of dispute settlement: roles and procedures that seek to resolve disputes on non-legal grounds, and those involving application of legal principles and procedures. While legal writers tend to equate ‘dispute settlement’ with settlement through legal procedures, other non-legal procedures such as diplomatic negotiations, mediation, and good offices are more often used. Indeed, it is generally recognized that negotiation is the simplest and most frequently used mode of international dispute settlement. However, the line between these two categories can be far from clear, and settlement of a dispute can involve both legal and non-legal processes.
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Bantekas, Ilias, and Efthymios Papastavridis. "10. Peaceful settlement of disputes." In International Law Concentrate. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198803874.003.0010.

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This chapter examines the means and methods relating to the peaceful settlement of international disputes. The UN Charter obliges States to resolve peacefully their disputes and suggests certain means for such settlement: on the one hand, diplomatic means, like negotiation, mediation, conciliation or the ‘good offices’ of the UN Secretary-General and on the other, legal methods, such as arbitration and recourse to the International Court of Justice (ICJ), which are binding. The ICJ exercises its jurisdiction over contentious cases only upon the consent of the parties to the dispute, which may be expressed through various forms (e.g. compromis or optional clause declaration). The ICJ may also render advisory opinions to questions of international law posed by the UN General Assembly, the Security Council, or other competent organs and organizations. The chapter also explains dispute settlement in the context of international investor-State arbitration and in the World Trade Organization
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Bantekas, Ilias, and Efthymios Papastavridis. "10. Peaceful settlement of disputes." In International Law Concentrate, 128–43. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198840978.003.0010.

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This chapter examines the means and methods relating to the peaceful settlement of international disputes. The UN Charter obliges States to resolve peacefully their disputes and suggests certain means for such settlement: on the one hand, diplomatic means, like negotiation, mediation, conciliation, or the ‘good offices’ of the UN Secretary-General and, on the other, legal methods, such as arbitration and recourse to the International Court of Justice (ICJ), which are binding. The ICJ exercises its jurisdiction over contentious cases only upon the consent of the parties to the dispute, which may be expressed through various forms (e.g. compromis or optional clause declaration). The ICJ may also render advisory opinions to questions of international law posed by the UN General Assembly, the Security Council, or other competent organs and organizations. The chapter also explains dispute settlement in the context of international investor–State arbitration and in the World Trade Organization.
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Bantekas, Ilias, and Efthymios Papastavridis. "10. Peaceful settlement of disputes." In International Law Concentrate, 133–48. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780192895684.003.0010.

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This chapter examines the means and methods relating to the peaceful settlement of international disputes. The UN Charter obliges States to resolve their disputes peacefully and suggests certain means for such settlement: on the one hand, diplomatic means, like negotiation, mediation, conciliation, or the ‘good offices’ of the UN Secretary General and, on the other, legal methods, such as arbitration and recourse to the International Court of Justice (ICJ), which are binding. The ICJ exercises its jurisdiction over contentious cases only upon the consent of the parties to the dispute, which may be expressed through various forms (eg compromis or optional clause declaration). The ICJ may also render advisory opinions to questions of international law posed by the UN General Assembly, the Security Council, or other competent organs and organizations. The chapter also explains dispute settlement in the context of international investor–State arbitration and in the World Trade Organization.
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Hernández, Gleider. "12. International dispute settlement and the ICJ." In International Law, 299–322. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198748830.003.0012.

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This chapter examines the various political or diplomatic methods available for international dispute settlement. These methods include negotiation, mediation or ‘good offices’, inquiry, and conciliation. The array of diplomatic techniques available to parties to resolve a dispute is complemented by various means of settling disputes through the application of binding solutions based on the law. Two in particular, arbitration and adjudication, principally developed from earlier forms of non-binding settlement. Though these are different, they are linked by two principal characteristics. Foremost, they allow for a third party to issue a decision that is binding on the parties. Second, resorting to these methods requires the prior consent of the parties. The chapter then considers the International Court of Justice, the ‘principal judicial organ’ of the United Nations. The ICJ’s structure was frequently utilized as a model for later judicial institutions, making an enormous contribution to the development of international law.
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Merrills, John. "18. The Means of Dispute Settlement." In International Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198791836.003.0018.

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This chapter discusses the various methods available for the peaceful settlement of international disputes. These include diplomatic methods (negotiation, mediation, inquiry, and conciliation), and legal methods (arbitration, the International Court of Justice, other courts and tribunals, and the place of legal methods). The role of the United Nations and regional organizations is also considered. Discussion covers the role of international law and its place in international relations, and dispute settlement generally. The text is illustrated with analysis of current and past disputes in which the various methods have been used—either successfully or unsuccessfully. The historical record shows first, that over the last two hundred years huge progress has been made in developing and refining the methods for handling international disputes, and secondly, that despite, or perhaps because of, differences between the various methods, their interaction and use in combination are often important factors in determining their effectiveness in practice.
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Jeswald W, Salacuse. "15 Investment Treaty Dispute Settlement." In The Law of Investment Treaties. Oxford University Press, 2021. http://dx.doi.org/10.1093/law/9780198850953.003.0015.

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This chapter focuses on investment treaty dispute settlement, examining the nature of conflicts between investors and states and the various means provided by treaties to resolve them. In general, investor–state disputes governed by treaties occur because a host state has taken a ‘measure’ that allegedly violates that state's treaty commitments on the treatment it has promised to accord to investments protected by that treaty. Before the advent of investment treaties, investors basically had three methods to seek resolution of their disputes with host states: (a) direct negotiation with host state governments; (b) domestic courts in the host country; and (c) diplomatic protection by their home states. In order to establish a stable, rule-based system for international investment, treaties provide means to resolve disputes about the interpretation and application of treaty provisions. Most investment treaties provide four separate dispute settlement methods: (1) consultations and negotiations between contracting states; (2) arbitration between contracting states; (3) consultations and negotiations between covered investors and host governments; and (4) investor–state arbitration.
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"The International Court of Justice and Diplomatic Settlement of Disputes: Could icj Judgments Play an Effective Role in the Negotiation of Interstate Disputes?" In Contemporary Developments in International Law, 709–28. Brill | Nijhoff, 2016. http://dx.doi.org/10.1163/9789004245624_041.

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Conference papers on the topic "Diplomatic negotiation of international disputes"

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Abrahams, Brooke, Peter Condliffe, and John Zeleznikow. "Using an OWL ontology to support legal negotiation about owners corporation disputes." In the 13th International Conference. New York, New York, USA: ACM Press, 2011. http://dx.doi.org/10.1145/2018358.2018386.

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Kaklauskas, Arturas, Violeta Kersuliene, and Vita Urbanaviciene. "Determination of Rational Method for Resolution of Disputes with the Help of Multi-Criteria Negotiation Decision Support System for Real Estate." In 25th International Symposium on Automation and Robotics in Construction. International Association for Automation and Robotics in Construction (IAARC), 2008. http://dx.doi.org/10.22260/isarc2008/0085.

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Kaklauskas, A., V. Kersuliene, and V. Urbanaviciene. "Determination of rational method for resolution of disputes with the help of multi-criteria negotiation decision support system for real estate." In The 25th International Symposium on Automation and Robotics in Construction. Vilnius, Lithuania: Vilnius Gediminas Technical University Publishing House Technika, 2008. http://dx.doi.org/10.3846/isarc.20080626.585.

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