RESOLUTION OF DISPUTES BETWEEN STATES BY PEACEFUL MEANS Cover Image

RJEŠAVANJE SPOROVA IZMEĐU DRŽAVA MIRNIM SREDSTVIMA
RESOLUTION OF DISPUTES BETWEEN STATES BY PEACEFUL MEANS

Author(s): Sakib Softić
Subject(s): Law, Constitution, Jurisprudence
Published by: Pravni fakultet - Univerzitet u Zenici
Keywords: peaceful means; resolution of disputes; diplomatic means; legal means; self-help; contra-measures.

Summary/Abstract: This article deals with methods and means of peaceful settlement of international disputes. First, defined were international legal disputes, followed by outlined methods and means of peaceful resolution of disputes. For better understanding these are grouped in a few wider groups. Amongst diplomatic means outlined are: negotiations, mediations, investigations and conciliation. Amongst legal means outlined is arbitration. Afterwards, outlined was peaceful resolution of disputes within the framework of the UN Charter and finally outlined are self-help respectively counter-measures and their forms: retorsion and reprisals. The objective of these means is preservation of international peace and security. Use of one of these means does not prevent parties in dispute to use other means. Presented is a wide range of means that are at disposal to parties: beginning with negotiations to contra-measures that could lead to peaceful resolution of disputes. The author carried out a research of the authentic documents regulating this matter, further he analysed and compared them, and further he consulted with the opinions of legal authors and jurisprudence. This enabled updated illustration of the status of legal theory and jurisprudence in this matter. The author did not hesitate to give his own opinion. The states most commonly use peaceful means of resolution of mutual disputes, giving preference to negotiations. They (the states) only resort to other peaceful methods of their own choice only when negotiations fail to bring about dispute resolution, and dispute is of such severity and urgency that its resolution represents a matter of national interest.

  • Issue Year: 4/2011
  • Issue No: 07
  • Page Range: 283-314
  • Page Count: 32
  • Language: Bosnian