As approaching 21st century and various modernisation has landed which spark
various disputes on international platform. The settlement of international
disputes has evolved significantly, influenced by a myriad of factors ranging
from technological advancements to shifts in diplomatic practices and the
resolution of settlement of dispute cornerstone for fostering peace, stability
and cooperation among nation. Apart from judicial process there are other
prominent means to resolve disputes.
Diplomatic Negotiation
In a framework of international order that is recognised by sovereign states,
diplomatic negotiation is the exchange of concessions and compensations. A
peaceful procedure like this can only succeed if the opposing parties can find
enough points of agreement. In simple form it is peaceful discussion and
dialogue between nation to promote peaceful method to resolve disputes.
In 2015,
the Iran nuclear deal officially known as Joint Comprehensive Plan of Action (JCPOA)
negotiated and set up as prominent example of diplomatic negotiation. In this
instance, diplomacy proved to be effective in resolving intricate geopolitical
concerns when Iran consented to restrict its nuclear programme in exchange for
the easing of economic sanctions.
Mediation and Arbitration
Mediation is a way to mend relationships when there is a disagreement at work
and Arbitration is a procedure in which a dispute is submitted, by agreement of
the parties, to one or more arbitrators who make a binding decision on the
disputeThe growth of mediation and arbitration as alternative ways to resolve
disputes has offered parties flexible and confidential options for solving
conflicts outside of the typical legal setting.
These approaches provide
benefits such as customized solutions, faster resolution times, and maintaining
important relationships among countries. An example of arbitration is the
conflict over softwood timber that exists between the United States and Canada.
Under the rules of the Softwood Lumber Agreement, both nations came to a binding
arbitration settlement in 2006, therefore ending a protracted trade dispute
through an impartial third-party arbitration procedure.
International Courts and tribunals
The utilization of international courts and tribunals, including the
International Court of Justice (ICJ) and the International Criminal Court (ICC),
is increasing, offering legal avenues for resolving disputes between countries
and bringing individuals to justice for international offenses. The
International Court of Justice (ICJ) case Bosnia and Herzegovina v. Serbia and
Montenegro is a prominent example. Bosnia and Herzegovina claimed in this case
that Serbia had carried out genocide in the course of the Bosnian War
(1992–1995). The International Court of Justice's 2007 ruling recognised that
genocide had taken place in Srebrenica in 1995 and blamed Serbia for its
inability to stop it.
Multi-Stakeholder Approaches
There is a growing focus on engaging various stakeholders, including
governments, non-state actors, and civil society organizations, in addressing
intricate global conflicts, like those pertaining to climate change or human
rights. The multi-stakeholder approach to conflict resolution is best
illustrated by the climate change agreement in Paris. The agreement, which was
adopted in 2015, encompasses almost all nations as well as non-state actors like
corporations, NGOs, and local governments. It places a strong emphasis on group
responsibility and cooperative action in tackling the global issue of climate
change.
Online Dispute Resolution (ODR)
As society becomes more digital, Online Dispute Resolution (ODR) methods are
becoming more popular for solving conflicts that occur online, such as
e-commerce disagreements, intellectual property disputes, and issues related to
cyber security and data privacy. The Arbitration and Mediation Centre of the
World Intellectual Property Organisation (WIPO) provides a forum for online
intellectual property dispute resolution. Parties can effectively settle patent,
trademark, and copyright issues through WIPO's ODR procedures without having to
hold in-person hearings, which saves time and money.
Normative Shifts
The significance of international law, norms, and principles in resolving
conflicts and advancing human rights, environmental protection, and the rule of
law is increasingly acknowledged. The International Criminal Court's (ICC)
Prosecutor v. Lubanga case illustrates a normative movement towards
responsibility for transnational crimes. When warlord Thomas Lubanga of the
Democratic Republic of the Congo was found guilty in 2012 of enlisting and
conscripting child soldiers in the Ituri region of the DRC, it was a major step
forward for the international community's commitment to prosecuting those
accountable for serious human rights violations.
Hybrid Mechanisms
Certain disputes necessitate a combination of traditional diplomacy, legal
mechanisms, and alternative dispute resolution methods for effective resolution.
A prime example of a hybrid strategy to conflict resolution is the 2005 signing
of the Comprehensive Peace Agreement (CPA) in Sudan. In order to resolve the
protracted conflict between the Sudanese government and rebel groups in Southern
Sudan, the agreement combined elements of traditional diplomacy, legal
frameworks, and mediation efforts by regional and international actors. This
ultimately resulted in South Sudan's independence in 2011.
Conclusion
In the 21st century, the resolution of global conflicts involves a dynamic mix
of diplomacy, law, and technology. With the world facing more intricate problems
like climate change and cyber security, the importance of creative and
cooperative methods for resolving conflicts is becoming increasingly clear. By
accepting these new trends and adjusting to the changing international
landscape, countries can strive to promote increased stability, peace, and
collaboration on a global scale.
References:
- United Nations. (2015). Treaty Series, vol. 2234, p. 319. [Iran Nuclear Deal - Joint Comprehensive Plan of Action]
- U.S. Department of Commerce, International Trade Administration. (2006). [Softwood Lumber Agreement]
- International Court of Justice. (2007). General List No. 91. [Bosnia and Herzegovina v. Serbia and Montenegro - ICJ Case]
- United Nations Framework Convention on Climate Change. (2015). FCCC/CP/2015/L.9/Rev.1. [Paris Agreement on Climate Change]
- World Intellectual Property Organization (WIPO), Arbitration and Mediation Center. Retrieved from https://www.wipo.int/amc/en/center/online.html
- International Criminal Court. (2012). Case No. ICC-01/04-01/06. [ICC Prosecutor v. Lubanga Case]
- United Nations Security Council. (2005). S/RES/1590. [Comprehensive Peace Agreement (CPA) in Sudan]
- United Nations General Assembly. (2016). A/RES/71/1. [Agenda for Sustainable Development - 2030 Agenda]
- World Trade Organization. (1995). Marrakesh Agreement Establishing the World Trade Organization. [WTO Dispute Settlement Understanding]
- Hague Conference on Private International Law. (2002). Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters.
Please Drop Your Comments