International Dispute Settlement

The distinction between political and judicial methods of dispute settlement are a convenient method of analysis, but are often used together.  Broadly speaking judicial methods are those that require the parties to agree to abide by the settlement whereas political methods do not require such agreement. The International Centre for Settlement of Investment Disputes, (ICSID) is one of the few organizations that addresses political methods such as conciliation and fact finding.

Definitions

Conciliation

Conciliation differs from arbitration in one very important respect: the result of the former is not legally binding and thus has no influence on any further litigation of the dispute. Boczek [1] defined conciliation as “...a diplomatic method of third-party peaceful settlement..., whereby a dispute is referred by the parties, with their consent, to a permanent or ad hoc commission, ...whose task is impartially to examine the dispute and to prepare a report with the suggestion of a concrete proposal.”

Mediation

Mediation is clearly a political method of settlement. In mediation a third-party, acceptable to both parties to the dispute, effects communication between the parties and participates actively in the process of negotiation by offering proposals for settlement.

Good Offices

Similar to mediation is good offices, which is not mentioned in the UN Charter. Good offices is recognized by the Hague Convention for the Pacific Settlement of International Disputes of 1899 (187 CTS 410). It is like mediation except that the third-party does not participate actively in the negotiations. S/he merely effects communication between the parties saving them the difficulties of personal contact. And the parties have no prior commitment to the result.

Enquiry

Enquiry is also called inquiry or fact-finding, which is a good description of what it is. It may be used as an independent procedure or as a preliminary part of other methods of peaceful dispute settlement. It can and, in a few cases, it has led to settlements by exposing the truth of a situation to the parties involved.

Negotiation

Negotiation is a diplomatic procedure whereby representatives of states engage in discussing matters...between them...to clarify and reconcile their divergent positions and resolve the dispute.” [2]

There is much more to learn about international dispute resolution.  You can find this information in nearly any comprehensive general introduction to international law or in many specialized books.  Begin your search for these kinds of resources in our catalog, UCLID. 

[1] Boleslaw A. Boczek, International Law: A Dictionary 356 (Scarecrow Press, Dictionaries of International Law, No. 2, 2005)
[2] Id., at 379