International Law

Three purposes can be identified based on the question given. First is to identify the various methods of peaceful settlement of international disputes between States. Second is to illustrate how important it is to have a combination and interaction between these various methods in order to solve an international dispute. Lastly, is to prepare a legal-brief to advise State C on the principles and applications of dispute settlement at the international arena.

a) Various Methods of Peaceful Settlement of International Disputes between States.

Peaceful settlement of dispute is an important principle of the United Nations (UN) since one of the purposes of the establishment of the UN is to bring about peaceful means in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of peace.[1] All Member States of the UN are obliged to settle their international disputes by peaceful means in such a matter that international peace and security and justice are not endangered.[2] It is also an obligation to the States to refrain from the threat of use of force.[3]

The effect of Article 1(1), Article 2(3) and Article 2(4) of the UN Charter is that whenever there is a dispute between States, they are not allowed to use force and are required to settle their disputes peacefully.[4]

Therefore it is essential to define the terms of dispute and peaceful settlement. A dispute can be defined as a serious argument or disagreement between two or more parties. In the light of International Law, a dispute is a conflict of legal matters or of interests between two states. International disputes may relate to many matters such as the attribution of title to a territory, to maritime zones, to movables or to parts of the cultural heritage of a State. Meanwhile, peaceful settlement involves a diplomatic variety of processes and outcomes.

Article 33 of the UN Charter identifies the

Bibliography: Case Concerning Sovereignty over Pulau Ligitan and Pulau Sipadan (Indonesia/Malaysia) (2002) ICJ Rep 625 Maritime Delamination and Territorial Question (Bahrain and Qatar) (1994) ICJ Rep 112 Sovereignty over Pedra Branca/Pulau Batu Putteh, Middle Rocks and South Ledge (Malaysia/Singapore). 2008 General List No 130 The Dogger Bank Case (Great Britain v Treaty of Lausanne P.C.I.J Reports, Series B, No 12 at p.26 (1925) United States Diplomatic and Consular Staff in Tehran Hostage Crisis (1980) ICJ Rep 3 Abdul Ghafur Hamid, Public International Law: A Practical Approach, 3rd edn (Kuala Lumpur: Sweet & Maxwell Asia, 2011) Colson and Smith, International Maritime Boundaries Vol David Harris, Cases and Materials on International Law, 7th edn (London: Sweet & Maxwell, 2010) Ian Brownllie, Principles of Public International Law, 7th edn (Oxford: Oxford University Press, 2008) Preben Bonnen, Towards a Common European Security and Defence Policy Vol 1: The Ways and Means of Making It A Reality, (COMPASS Group, 2003) Sean D Vaughan Lowe and Malgosia Fitzmaurice, Fifty Years of the International Court of Justice, (Cambridge: Grotius Publication and Cambridge University Press, 1996) p 368 ----------------------- Maxwell Asia,2011), p 376 [5] Abdul Ghafur Hamid, Public International Law: A Practical Approach, 3rd edn (Kuala Lumpur: Sweet & Maxwell Asia,2011), p 376 [6] Ibid [9] L. Oppenheim, International Law A Treatise Vol II: Disputes, War and Neutrality, 7th edn (London: Longmans, Green and Co, 1958) p 7 [12] Abdul Ghafur Hamid, Public International Law: A Practical Approach, 3rd edn (Kuala Lumpur: Sweet & Maxwell Asia,2011), p 376 [13] Preben Bonnen, Towards a Common European Security and Defence Policy Vol 1: The Ways and Means of Making It A Reality, (COMPASS Group, 2003), p 188. [14] Sean D. Murphy, United States Practice in International Law Vol 1, (Cambridge University Press, 2002) p 101. [15] L. Oppenheim, International Law A Treatise Vol II: Disputes, War and Neutrality, 7th edn (London: Longmans, Green and Co, 1958) p 7 [16] Fanciscon Orrego Vicuna, International Dispute Settlement in an Evolving Global Society, (Cambridge: Cambridge University Press, 2004) p 100 [19] Abdul Ghafur Hamid, Public International Law: A Practical Approach, 3rd edn (Kuala Lumpur: Sweet & Maxwell Asia,2011), p 378 [22] The Dogger Bank Case (Great Britain v. Russia), (1908) 2 Am. J. Int’l L. 931-936 (I.C.I. Report of 26 Feb. 1905) [23] L Longmans, Green and Co, 1958) p 9 [24] Vaughan Lowe and Malgosia Fitzmaurice, Fifty Years of the International Court of Justice, (Cambridge: Grotius Publication and Cambridge University Press, 1996) p 366 [25] Fanciscon Orrego Vicuna, International Dispute Settlement in an Evolving Global Society, (Cambridge: Cambridge University Press, 2004) p 107 [26] L Longmans, Green and Co, 1958) p 9 [27] 82 ILM, 671. [29] Iran–U.S. Claims Tribunal Reports, Vol. 1, 1981–82 (Cambridge, 1983), 3–36. Longmans, Green and Co, 1958) p 12 [32] Vaughan Lowe and Malgosia Fitzmaurice, Fifty Years of the International Court of Justice, (Cambridge: Grotius Publication and Cambridge University Press, 1996) p 367 [33] L Longmans, Green and Co, 1958) p 13 [34] Ibid [35] Ibid [36] P.C.I.J Reports, Series B, No 12 at p.26 (1925) [37] David Harris, Cases and Materials on International Law, 7th edn (London: Sweet & Maxwell, 2010) p 834 [38] Abdul Ghafur Hamid, Public International Law: A Practical Approach, 3rd edn (Kuala Lumpur: Sweet & Maxwell Asia,2011), p 380 [39] L Longmans, Green and Co, 1958) p 22 [40] Ian Brownllie, Principles of Public International Law, 7th edn (Oxford: Oxford University Press, 2008) p 703