International Dispute Settlement Mechanism
MEANING • Disputes • A disagreement on a point of law or fact, a conflict of legal views or interest between the parties. • International Disputes • a disagreement that arises between states concerning their relations with one another and with other states. • Business disputes are increasingly becoming multi- jurisdictional and multi-party in nature. For overseas disputes, you need an international team of lawyers with wide-ranging commercial experience; a team that understands both domestic and foreign law in depth. And one that can offer you a seamless service and excellent practical advice.
Kinds of Disputes ▪ Political Disputes • Non- justiciable , political or non-legal issues ▪ Legal disputes • Involves not only questions of law but also the law itself
PACIFIC SETTLEMENT OF DISPUTES • Art.33 of the UN Charter provides for the means of settling disputes: 1. Negotiation 2. Enquiry 3. Mediation 4. Conciliation 5. Arbitration 6. Judicial settlement 7. Resort to regional agencies or arrangements 8. Other peaceful means of their own choice
1. NEGOTIATION • Settlement of disputes by direct discussions or exchange of views through diplomatic representatives
2. ENQUIRY Ascertainment of pertinent facts and issues in a dispute Use of effective fact-finding bodies in accordance of Art.33 of the Charter
3. MEDIATION Settlement of disputes undertaken by a third state, group of state, an individual, an agency or an international organisation. Offers concrete proposals for statement of substantive questions.
4. CONCILIATION The process of adjusting or settling disputes in a friendly manner through extra judicial means. Conciliation means bringing two opposing sides together to reach a compromise in an attempt to avoid taking a case to trial
5. ARBITRATION • Resolution of differences between states through a legal decisions of one or more umpires or of a tribunal chosen by the parties
6. RESORT TO REGIONAL AGENCIES OR ARRANGEMENTS • Regional arrangements • Agreements under which states of a region undertake to regulate their relations with respect to the question of the settlement of disputes. • Regional agencies • Regional international organizations created by regional multilateral treaties under a permanent institution with international legal personality to perform broader function in the field of the maintenance of peace and security, including the settlement of disputes.
7. JUDICIAL SETTLEMENT • Submitting a dispute to a pre- constituted international court or tribunal composed of independent judges whose tasks are settle claims on the basis of international law and render decisions which are binding upon the parties.
WORLD TRADE ORGANISATION (WTO) • The World Trade Organisation (WTO) is the only global international organisation dealing with the rules of trade between nations.
- Fall '19
- Mallika Sankar
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