Pacific Settlement of International Disputes in International Law #Settlementinternationaldisputes
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SETTLEMENT OF DISPUTES BETWEEN STATES
SETTLEMENT OF DISPUTES BETWEEN STATES
Article 2, paragraph 3 of the UN Charter requires that:’’ All Members shall settle their international disputes by peaceful means in such a manner that international peace and security and justice are not endangered. The UN General Assembly, in adopting its 1982 Manila Declaration on the Peaceful Settlement of Disputes, emphasized the need to exert utmost efforts in order to settlement any conflicts and disputes between States exclusively by peaceful means’’ and that’’ the question of the peaceful settlement of disputes should represent one of the concerns for States and for the United Nations’’. In age of nuclear weapons, the importance of the principle of peaceful settlement of international disputes is apparent.
1.1 WHAT IS AN INTERNATIONAL DISPUTE?
In the Mavromattes case, the PCIJ defined a dispute as ‘’a disagreement on a point of law or fact, a conflict of legal views or interests between two persons’’ (Greece v U.K), J.G. Merrills suggests that:
A dispute may be defined as a specific disagreement concerning a matter of fact, law or policy in which a claim or assertion of one party is met with refusal, counter claim or denial by another. In the broadest sense, an international dispute can be said to exist whenever such a disagreement involves governments, institutions, juristic persons (corporation) or private individuals in different parts of the World. However, the disputes with which the present work is primarily concerned are those in which the parties are two or more of the hundred and sixty or so sovereign states into which the world is currently divided.
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5 سال پیش
در تاریخ 1398/08/19 منتشر شده
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