Legal Frameworks for Peaceful Dispute Resolution: The Interplay of the ICJ, UN, Arbitral Awards, and Mediation in International Law

  • Himanshu Singh
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  • Himanshu Singh

    Student at School of Law, Babasaheb Bhimrao Ambedkar (Central) University, Lucknow, India

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Abstract

This paper provides a comprehensive overview and critical analysis of the mechanisms available for the peaceful settlement of international disputes. Grounded in the key provisions of the United Nations Charter, particularly Articles 2(3) and 33, the discussion explores how the commitment to peaceful dispute resolution contributes to global stability and justice. The central role of the International Court of Justice (ICJ) as the primary judicial organ of the UN is examined, with particular attention to its jurisdiction, procedural rules, and its contributions to international law through both contentious cases and advisory opinions. The work further assesses the significance of other UN organs, including the Security Council and General Assembly, in facilitating dispute resolution, and considers the impact of preventive diplomacy and the Secretary-General’s “good offices” in conflict prevention. International arbitration is addressed through the frameworks of the Permanent Court of Arbitration, the UNCITRAL rules, and the ICSID, highlighting both the adaptability and enforcement challenges of arbitration as a mechanism. The analysis also explores mediation and notes its voluntary, confidential, and non-binding nature, as well as recent changes brought about by conventions like the Singapore Convention on Mediation, which are transforming the status of mediation in international practice. Through the detailed case study of the Iran-U.S. Hostage Crisis and other landmark disputes, the interplay and complementarity of mediation, arbitration, and judicial adjudication are illustrated, demonstrating how these approaches often function sequentially or together rather than as alternatives. The paper critically assesses the limitations these mechanisms encounter, including the consent-based nature of jurisdiction, deficits in enforcement, politicisation, and power imbalances, especially within institutions such as the UN Security Council and international arbitral tribunals. Ultimately, while the existing architecture for peaceful dispute resolution is robust and adaptable, persistent challenges demonstrate the need for further reform. Expanding compulsory jurisdiction, enhancing transparency, improving enforcement mechanisms, and reinforcing institutional impartiality are identified as imperative for ensuring these mechanisms continue to uphold the rule of law, equity, and global order in an increasingly complex world.

Keywords

  • peaceful settlement of international disputes
  • United Nations Charter (specifically Articles 2(3) and 33)
  • global stability
  • justice
  • International Court of Justice (ICJ)
  • jurisdiction
  • procedural rules
  • contentious cases
  • advisory opinions
  • UN Security Council
  • consent-based jurisdiction
  • enforcement deficits
  • politicisation
  • power imbalances
  • ongoing reform
  • compulsory jurisdiction
  • transparency
  • improved enforcement mechanisms
  • institutional impartiality
  • rule of law
  • equity

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 8, Issue 4, Page 1571 - 1595

DOI: https://doij.org/10.10000/IJLMH.1110577

Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

Copyright

Copyright © IJLMH 2021