CONTEMPORARY APPROACHES TO THE SETTLEMENT OF INTERNATIONAL DISPUTES
CONTEMPORARY APPROACHES TO THE SETTLEMENT OF INTERNATIONAL DISPUTES

Summary/Abstract: The deterioration of international relations in recent years has resulted in a geopolitical landscape characterised by the re-emergence of two conflicts between major state actors of this century: Ukraine-Russia and Israel-Palestine. It is within this context that we find ourselves at a crossroads for the field of dispute resolution, with the critical role of maintaining global peace and stability once again becoming apparent. The post-war international legal order, characterised by the rise of multilateralism and the codification of customary international law, has sought to prevent a return to a world dominated by 'Clausewitzian' notions of war as a mere extension of politics however, inter-state hostilities suggest a potential erosion of this legal architecture. The efficacy of international law, particularly the regulations governing the use of force, represents a pivotal aspect of the international legal framework in conjunction with other fundamental principles, such as territoriality, sovereignty and independence, equality of states, and the rule of law, it serves as the foundation for international order. Consequently, the entire edifice of international settlement of disputes is characterised by an inherent tension between the legal obligation to settle disputes peacefully and the absence of a real, coercive mechanism that can make such an obligation effective. This asymmetry of power creates a situation in which the pursuit of national interests by force remains a viable, albeit illegal option.

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