Chapter 10 Key facts checklists

Peaceful settlement of disputes

States are obliged to resolve their disputes by peaceful means. The principle of peaceful settlement of disputes, enshrined in Art 2(3) UN Charter, is the other side of the coin regarding the prohibition of the use of force in international relations.

A range of dispute settlement methods have been developed, many of which are enumerated in Art 33 UN Charter and the 1982 Manila Declaration. The basic distinction is that between diplomatic means of settlement (negotiation, mediation, inquiry, and conciliation) and legal means (namely arbitration and judicial settlement). States, however, are free to choose their own means of dispute settlement, including resorting to regional arrangements or good offices of the UN.

The ICJ, the principal judicial organ of the United Nations, is a standing court to which States may bring their legal disputes. The Court’s jurisdiction is based upon the consent of the parties to the dispute. This consent may be expressed either directly in respect of a specific dispute or in advance of future disputes. The Court is also empowered to provide advisory opinions to UN organs and specialized agencies.

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