Dispute Resolution Flashcards
Which Articles of the UN Charter identify a need for mediation?
Article 2(3) - members shall settle their disputes by peaceful means
Article 33 - The parties of any dispute, the continuance of which is likely to endanger the maintenance of international peace and security, shall first of all seek a solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice,
What are the means of peaceful conflict resolution set out in Article 33?
- Negotiation
- Enquiry
- Mediation
- Conciliation
- Arbitration
- Judicial settlement
- Regional agencies or arrangements
- Peaceful means of their own choice
What does the 1970 Declaration on Principles of International Law Concerning friendly Relations and Cooperation Among States say?
Encourages states to seek “early and just” settlement of international disputes
What GA Resolution establishes the need to negotiate in good faith? What does good faith mean?
December 1998
Good faith is when both parties engage with the negotiation for the purpose of getting to a settlement
What is a negotiation?
Exchange of position, exploration of options, identification of common interests
What is an inquiry?
The independent establishment of correct facts
What is a mediation?
Independently assisted negotiation - formal negotiation process overseen by an independent mediator
What is conciliation?
Similar to mediation - a formal negotiation process overseen by an independent mediator
What are good offices?
An independent “go between” between the parties, providing a service from your respectability and parties will meet should you ask
What is an arbitration?
A non-institutional Court style proceedure where parties agree to have the outcome of the dispute resolved by a third party
What is a judicial settlement?
When a court makes the decision
Does the ICJ have jurisdiction over all states?
NOPE - states must consent in one form of another to opting into the jurisdiction of the ICJ and they can opt in with reservations
What is BATNA?
Best Alternative to Negotiated Agreement - Is negotiation the best option? What happens if we fail to reach an agreement?
What is WATNA?
Worst Alternative to Negotiated Agreement - what is the worst possible thing that happens if we can’t reach an agreement?
What is PATNA?
Preferred Alternative to Negotiated Agreement? - If we can’t agree to something today, what’s your preferred option?
