国际商法之国际争端Chapter 3 Dispute Settlement.pptVIP

Chapter 3 Dispute Settlement Main Content And Concept Focus Section A Means of Dispute Settlement ---Amicable Means和平手段 include : Diplomacy外交( negotiation谈判, good offices斡旋, mediation调停， conciliation和解, international inquiry国际调查) Adjudication司法(arbitration, judicial settlement) Section A Means of Dispute Settlement ---Non-amicable means include: retortion还报, reprisals报复, pacific blockade平时封锁，economic boycott or blockade经济封锁或 绝交, intervention干涉 ---War Section B Settlement of Dispute Through Diplomacy 1.Definition of A Dispute ---A dispute, as defined by the Permanent Court, is “a disagreement over a point of law or fact, a conflict of legal views or interests between two parties”. Section B Settlement of Dispute Through Diplomacy 2.Principle of International Dispute Settlement ---In article2(3) of the UN Charter, it provides that all members shall settle their international dispute by peaceful means in such a manner that international peace, security and justice are not endangered. Section B Settlement of Dispute Through Diplomacy 3. Definition of Diplomacy ---Diplomacy is the process of reconciling the parties to a disagreement by negotiation, mediation, or inquiry. Section B Settlement of Dispute Through Diplomacy 4. Difference of the two approaches Diplomatic procedures by which the discussion and fact-finding methods may be used in the process of settlement between the two contending parties, sometimes with the aid of the third party, and adjudication by which a third party, always particular judicial organs, is involved to determine the legal or factual issues concerned. Section B Settlement of Dispute Through Diplomacy 5. Negotiation (1) Definition --- Negotiation is the process of reaching an agreement by discussion. (2) Methods involved in negotiation --- use of competent authorities --- establishment of mixed or joint commissions --- summit meetings Section B Settlement of Dispute Through Diplomacy 5. Mediation (1) Definiti