Enumerate the various methods of Peaceful Settlement of International disputes. Elaborate on judicial settlement.

Methods of Peaceful Settlement of International Disputes

International disputes can be resolved through various mechanisms, broadly categorized into diplomatic, legal, and quasi-judicial methods. These methods are often used sequentially or in combination.

1. Diplomatic Methods

• Negotiation: Direct talks between parties involved, often facilitated by diplomats. It's the most common method.
• Good Offices: A third party offers its services to facilitate communication between disputing parties without actively participating in the discussions.
• Mediation: A third party actively assists the parties in reaching a settlement, suggesting compromises and solutions. The mediator's role is advisory, not binding.
• Conciliation: A third party investigates the dispute and proposes a non-binding solution. The conciliator has more power than a mediator to investigate facts.

2. Legal Methods

• Arbitration: Parties agree to submit their dispute to a neutral third party (arbitral tribunal) whose decision is legally binding. The procedure is flexible and determined by the parties.
• Judicial Settlement: Submission of the dispute to a court or tribunal. The International Court of Justice (ICJ) is the primary judicial organ of the United Nations.

3. Judicial Settlement: The International Court of Justice (ICJ)

The ICJ, established by the UN Charter in 1945, is the principal judicial organ of the United Nations. It settles legal disputes submitted to it by States and gives advisory opinions on legal questions at the request of the UN and its specialized agencies.

ICJ Jurisdiction

• Contentious Cases: The ICJ has jurisdiction only with the consent of the parties involved. This consent can be given through:
  • Special Agreement (Compromis): Parties agree to submit a specific dispute to the ICJ.
  • Treaty Clause: A treaty between the parties contains a clause referring disputes arising under the treaty to the ICJ.
  • Optional Clause Declarations: States deposit declarations recognizing the ICJ’s jurisdiction as compulsory *in relation to any other state accepting the same obligation*. Article 36(2) of the ICJ Statute.
• Advisory Opinions: The UN General Assembly or Security Council can request the ICJ to give an advisory opinion on any legal question. These opinions are not legally binding but carry significant legal weight.

ICJ Procedures

The ICJ procedure is broadly similar to that of national courts, but adapted for international disputes. The process involves:

1. Written Phase: Parties submit their pleadings (memorials) outlining their arguments and evidence.
2. Oral Phase: Agents of the parties appear before the Court to present oral arguments and answer questions from the judges.
3. Judgment: The Court delivers its judgment, which is final and binding on the parties.

Strengths and Weaknesses of Judicial Settlement

Strengths	Weaknesses
Impartiality and Objectivity: The ICJ is perceived as a neutral forum.	Consent-Based Jurisdiction: The ICJ can only hear cases if both parties consent.
Binding Decisions: Judgments are legally binding and enforceable.	Enforcement Challenges: The UN Security Council is responsible for enforcing ICJ judgments, but this can be difficult due to veto power.
Promotes International Law: ICJ decisions contribute to the development and clarification of international law.	Time-Consuming Process: Litigation before the ICJ can be lengthy and expensive.

Case Study: Nicaragua v. United States (1986)

This case involved Nicaragua’s claim against the United States for intervention in its internal affairs. Nicaragua argued that the U.S. had violated international law. The ICJ found the U.S. in violation of several treaties and customary international law, but the U.S. refused to accept the ICJ’s jurisdiction and did not comply with the judgment. This case highlighted the limitations of the ICJ’s enforcement power.

Emerging Trends

The rise of international tribunals like the Permanent Court of Arbitration (PCA) and the increasing use of alternative dispute resolution (ADR) mechanisms are reshaping the landscape of international dispute resolution. Online Dispute Resolution (ODR) is also gaining traction.