In International law, a dispute refers to a disagreement or conflict between two or more states concerning a point of law or fact. A conflict of legal veiws or of interest between two person can be considered as dispute. A dispute arises when one party’s claim is positively opposed by another.
There are two grounds on which a disagreement can arise between two parties:
- Legal Disputes:
Legal disputes are those which are intended to be settled by applying rules of international law. These disputes involve legal rights and obligations, and the parties are generally willing to resolve them through legal mechanisms like courts or tribunals. - Political Disputes: Political disputes involve matters of national interest or policy rather than strict legal rights. States may avoid legal resolution in such cases due to the fear that the decision might go against their political or strategic interests.
Unlike legal disputes, which are based on objective legal principles and can be resolved through judicial mechanisms, political disputes often require diplomatic negotiations, mediation, or other non-judicial methods. These disputes are complex and sensitive, and their resolution usually depends on the political will of the parties involved rather than strict legal reasoning.
It is important to identify disputes in international law because the procedure for the settlement of disputes has only been laid for legal disputes.
International disputes is a conflicts between states involving different legal opinions, actual points, or conflicting interests.
According to Article 2 (3) of the UN Charter, Parties must peacefully settle their International disputes.
United National security council shall determine the existence of a threat to the peace, breach of the peace or acts of agression. It will take measures to maintain and restore international peace and security.
International disputes can be resolved through two methods:
- Amicable or Pacific means of settlement
- Complusive or Coercive means of settlement
1. Amicable or Pacific means of settlement
It refers to the peaceful methods used by the states for resolving disputes without resorting to force or war. This method are encouraged under Article 33 of the United Nations charter, which mentions that any disputes to endangered of maintenance of international peace and security should first be addressed through negotiations,mediation or other peaceful means. The parties involved may be called upon to settle their disputes using these methods.
According to article 34, The security Council may investigate any disputes or any situation that is likely to endanger maintain peace and security.
According to article 35, Both member and non member of the united nation have power to bring any disputes or any situation that is likely to endanger international peace and security, to the attention of security council.
As per the Article 36 and 38, the Security Council makes recommendations to the parties for peaceful settlements of disputes.
The Peaceful dispute settlement methods are as follows :
(i) Inquiry
One of the main challenges is resolving disputes in international law is figuring out the true facts of the case. This is often difficult because the parties involved in the dispute may present a different view of the event.
A majority of international disputes get stuck because of the unwillingness and inability of the parties to agree to the facts.
In Inquiry, facts are investigated. Similarly, for the settlement of disputes in international law, a commission is to be appointed, consisting of honest and impartial investigators, so that they can verify the facts of the issue.
This procedure for the settlement of international disputes was born at the huge conference in 1899, It was said that the states who were not willing to end their disputes by agreement might use the process of inquiry.
(ii) Negotiation
It is the oldest and simplest form of settling disputes. When the disputant parties settle the disputes themselves by discussion or by adjusting the disagreement, the process is called negotiation.
The methods of negotiation can be used to reach a state of peaceful agreement. This process of negotiation may be carried out by the heads of the state or by their representatives, or by diplomatic agents. Its success depends on the disputing parties figuring out the exact facts that caused the disputes.
In negotiation, its weakness is that, the small state has to abide by the decision of the big state.
In 1976, India and Pakistan settled their pending boundary disputes in the Simla conference through negotiation, which can be an example of negotiation in international level.
(iii) Mediation
In mediation, when the parties refuse to negotiate. Usually, a third party they involved to resolve an International disputes.
The third party who helps for resolve disputes is known as a mediator. In mediation mediator can be a state or an individual (usually it can be a eminent citizen of third state)
The appointment of a mediator can be through disputed parties or UNSC. In the process of mediation, the mediator participates in the discussion, gives their views and suggestions in resolving disputes.
The advice, suggestion given by the mediator is not binding to the disputed parties.
Mediator should be Neutral and Impartial.
(iv) Good offices
Good offices is when a third party (often a neutral state, international organization, or a respected individual) offers help to two conflicting parties to start negotiations or improve communication, without directly participating in the negotiations themselves.
When a third party arranges a meeting between disputing parties or takes steps to encourage them to negotiate and reach a peaceful settlement, the act is known as good offices.
For Example: If two countries are in conflict, the United Nations Secretary-General might offer their good offices to bring the parties to the negotiation table. The third party doesn’t impose solutions but just creates a platform for discussion.
The third parties neither participates in the meeting nor gives its suggestions to the parties as in the case of mediation. The primary function of a third party in good offices is to bring disputing parties together, especially when direct negotiations have failed. Once the parties agree to come to the discussion table, the role of good offices is considered complete, with no further active involvement required.
(v) Conciliation
Conciliation is a process in which a commission or committee is appointed, and the dispute is referred to them. Their role is to investigate the facts and prepare a report suggesting possible solutions for the settlement of the dispute.
The proposal or report is not binding on the parties as it is not a judgment of any court or tribunal.
The commission or formation of such commission is determined by the parties for the utilization of conciliation system.
Under Articles 10 and 14 of the UN Charter, the General Assembly may discuss and recommend measures for the peaceful settlement of disputes, and under Article 34, the Security Council may investigate disputes that threaten international peace and security. Based on these powers, either body may appoint a commission to assist in conciliation or dispute resolution.
(vi) Un Effort
The United Nations plays a vital role in the peaceful settlement of international disputes, as enshrined in Article 2(3) of the UN Charter. It emphasizes that all member states must resolve their conflicts through peaceful means in a way that does not threaten international peace, security, or justice.
To achieve this, the UN relies primarily on its two key organs: the General Assembly (UNGA) and the Security Council (UNSC). The General Assembly is empowered to discuss and recommend solutions to disputes and peace-related matters, as outlined in Article 11 of the Charter.
The Security Council, under Article 24, holds the main responsibility for maintaining international peace and security and can take enforcement actions if peaceful efforts fail.
In addition, the International Court of Justice (ICJ) contributes by settling legal disputes between states and offering advisory opinions, as mentioned in Article 96.
The UN Charter also acknowledges the inherent right of self-defence in Article 51, allowing a member state to defend itself if attacked, until the Security Council intervenes.
The UN employs various methods for dispute resolution, including mediation, arbitration, judicial settlement, and peacekeeping missions. These efforts demonstrate the UN’s commitment to preventing conflict and fostering international cooperation through lawful and peaceful means.
(V) Judicial Settlement
When the dispute is settled by the International tribunal in accordance to the rules of International law, the process is called Judicial settlement.
Judicial settlement is a legal method of resolving international disputes where countries take their case to a court for a fair and binding decision.
The most common example is the International Court of Justice (ICJ), which hears disputes between states based on international law. Once the court gives its judgment, both parties are expected to follow it.
Judicial settlement helps maintain international peace by solving conflicts through law and justice instead of war or political pressure.
(vi) Arbitration
Arbitration is used in medieval period, which means submitting a dispute to individual or a group of individuals for adjudication and that Individual or group of individual is known as arbitrators,
It is a procedure in which a dispute is submitted by agreement of the parties to one or more arbitrators who make a binding decision on the dispute. Arbitration is a peaceful way of settling disputes between countries by allowing a neutral third party (arbitrators) to hear the case and make a binding decision.
In this method, both parties agree in advance:
- To take the dispute to arbitration
- To accept the final decision, called an award
Arbitration is less formal than a court but still follows proper legal procedures. It gives countries a fair, flexible, and quicker way to resolve disputes.
Principle Characteristics
- Arbitration is consensual
- The parties choose the arbitrator
- It should be neutral
- It is confidential procedure
Article 33 of the United Charter has recognized arbitration as a mode for the Peaceful settlement of disputes.
2. Compulsive means or Coercive means
It refers to Non-Peaceful measures that involve pressure or force on a state to settle disputes, but it does not mean theuse of armed forces in all cases.
(i) Retortion / Retaliation
Retortion, also known as retaliation, is based on the principle of “tit for tat.” It refers to an action taken by one state in response to an unfriendly but legal act by another state. These acts are not illegal under international law and are considered lawful countermeasures.
Retortion involves non-peaceful measures such as ending diplomatic relations or imposing restrictions, but it remains within legal boundaries. It is a way for a state to show disapproval or respond to another state’s actions without violating international law.
For Example : If Country A expels diplomats of Country B without violating international law, then Country B can also expel Country A’s diplomats in response. This is retortion a lawful but unfriendly act done in reaction to a similar act.
(ii) Reprisal
Reprisal refers to an act of retaliation by one state in response to an illegal or unjustified act committed by another state. When a state violates international law, the injured state may take otherwise unlawful actions as a response, making them justified under certain conditions.
Legality of Reprisal:
- Under Article 2(4) of the UN Charter, the unilateral use of force is prohibited.
- However, reprisal may be justified if:
- The offending state has committed a serious breach of international law, and
- The reprisal is a last resort after peaceful means have failed.
Reprisal involving the use of armed force is not allowed under modern international law unless permitted by the UN Security Council or in self-defense.
Common Strategies of Reprisal:
- Boycott of goods – Refusing to import or export to the offending state.
- Embargo – Banning trade or economic activities with the other country.
- Naval demonstration or blockade
- Bombardment – Use of military force (rare and heavily restricted today).
When one state acts illegally or unjustifiably, an aggrieved state becomes eligible to reprisals.
(iii) Embargo
An embargo is a strategy used by a country or a group of countries to prohibit the shipment or trade of all or certain goods to another country, usually in response to a violation of international law.
Key Features of an Embargo:
- It may include the detention of ships in ports to prevent goods from being delivered.
- The main purpose is to compel the target state to settle disputes or comply with international obligations.
- Embargoes can be imposed unilaterally (by one country) or collectively (by a group of countries), often under the authority of the United Nations.
The affected state (against which the embargo is applied) may restrict access to certain areas, including prohibiting travel or shipping through its territory.Embargoes are a form of economic pressure and are considered a non-violent but powerful tool in international relations.A well-known example is the UN embargo on arms shipments to countries involved in armed conflict.
For Example:
U.S. Embargo on Cuba
Since 1960, the United States has imposed a trade embargo on Cuba in response to the Cuban government’s expropriation of American-owned properties. The embargo restricts most exports and imports between the two countries and is one of the longest-standing embargoes in modern history. Its goal was to pressure Cuba toward democratic reforms and respect for human rights.
(iv) Pacific Blockade
A Pacific Blockade occurs when the coast of a state is blocked by another state using warships or other naval means, with the aim of preventing the entry and exit of vessels from all nations. This is done to apply economic and political pressure on the targeted state without resorting to a formal declaration of war.
The main goal of a Pacific blockade is to settle international disputes or compel a state to comply with certain obligations. The term “Pacific” refers to the non-war nature of the action — it is not related to the Pacific Ocean.
Essentials of a Valid Pacific Blockade:
- Declaration – The blockade must be formally declared and made public to the international community.
- Notification – Neutral and affected states should be notified or informed about the blockade.
- Effectiveness – The blockade must be effective in practice, meaning it is actually enforced with sufficient force (e.g., naval presence).
- Purpose – The intended purpose should be to bring about peaceful settlement of disputes, not to initiate war.
In modern international law, such blockades may be controversial and often require UN Security Council authorization to be considered legal.
For example :
British Pacific Blockade of Greece (1850)
In 1850, the United Kingdom imposed a Pacific blockade on Greece after Greek authorities failed to provide compensation for damages suffered by a British citizen named Don Pacifico. Without declaring war, British warships blockaded Greek ports to pressure the Greek government into settling the claim.
This is considered one of the classic examples of a Pacific blockade used as a peaceful coercive measure to resolve a dispute.
