12和平解决国际争端.ppt

Chapter Twelve: Peaceful Settlement of International Disputes The General Introduction of International Disputes The Political Means of Settling the International Disputes The Legal Method of Settling the International Disputes 1. The General Introduction of International Disputes 1.1 The conception of international disputes To settle international disputes as early as possible, and in a manner?fair and just to the parties involved, has been a long-standing aim of international law, and the rules and procedure in this connection are partly a matter?of custom or practice, and partly due to a number of important law-making?conventions such as the Hague Conventions of 1899 and 1907 for the Pacific?Settlement of International Disputes and the United Nations Charter drawn up?at San Francisco in 1945. One of the principal objects of the latter Charter?in setting up the United Nations Organization was indeed to facilitate the?peaceful settlement of differences between states. This also had been the?purpose of the League of Nations during the period of its activities between?two world wars.? 1.2 The types of international disputes Three types : political disputes de jure disputes de facto disputes 1.3 The means of settling the international disputes 1.3.1 Forcible or coercive means forcible or coercive means of settlement, that is, where a solution is found and imposed by force such as retortion, reprisals, pacific blockade, intervention. 1.3.2 Peaceful means: (1) political means ( negotiation, good ffices, mediation,conciliation, inquiry ), : (2) legal means ( arbitration, judicial settlement) 2. The Political Means of Settling the International Disputes According to the Charter of the United Nations, only following means are legal methods to peacefully settle the international disputes: 2.1 Negotiation and Consultation 2.2 Good Offices and Mediation Both good offices and mediation are methods of settlement in whic