Adblocker detected! Please consider reading this notice.

We've detected that you are using AdBlock Plus or some other adblocking software which is preventing the page from fully loading.

We need money to operate the site, and almost all of it comes from our online advertising.

Please add lawcorner.in to your ad blocking whitelist or disable your adblocking software.

×

Peaceful Settlement of International Disputes: Role Of ICJ

INTRODUCTION

Peaceful way of settlement in International Disputes arises by way back to the ancient times and needs and wants makes the people started developing the way of life in the more commercialized standard of ( business)life as we all know that human wants are unlimited in search for the wants and desire of makes the human being to start their colonies in other countries as we know well where India is most abundant minerals rich in resources where it becomes the huge marketing hub for the foreign countries our India for nearly 200 years that is the reason where the British ruled his wants whole the world is running on the contracts knowingly or unknown.

We enter into the contracts with the other people we can also know that no human can leave alone, as there is a saying that what’s the use of the king when there are no people, people started the business internally as we all know the barber system in ancient days and started globally where problems are settled initially by village head man and where the jurisdiction of the courts in ancient days was divided according to the sector of revenue courts and civil courts and criminal courts and family courts later.

Family courts are the first arbitrators to the people then the judges are supreme to the people and the chief justice is supreme to the judges to the courts and the king is supreme to all the judges and people where his decision is final and becomes law.  It was the ruling process f jurisdiction of courts during the ancient judicial system. We can see the family arbitrator where the group of people started to form in the society where the people used to settle themselves, later emerge of courts and systemize form of government is more essential for the peace of people and maintain good and justice. Where peace is the root cause which is deep-rooted in the basic human life where the third person who is having the power and knowledge always makes the conflict to be in peace and resolve the disputes between two different parties were the always the justice fight with the Right and Wrong.

Analysis

As all the ancient times makes us aware of the beginning of the peaceful settlement for the disputes there the parties get a conflict for the obligations also for the terms of  the contract as not followed, also the breach of the contract and many things can be the conflict between the parties, till now we can see that begins with the family and starts with the court of justice where slowly indulged in the existences of the human life as now in present days courts makes the vitally important role in the human disputes are been settled but as we know that courts are established in every country where they framed their own constitution, now in the present day’s relations are been developed globally and clashes also in the course of business relations and  where the International court of justice is dealt with the conflicts with the different countries

The international court was established because of the world peace to be preserved it is the basic object of the creating the league of nations in 1919 and the United Nations in 1975 because the war and aggregations became the cause so because they have created the International laws but even the international justice was not so appropriate for the other countries nations. Also, we can also see the diplomatic methods of dispute settlement are negotiation, inquiry, mediation, conciliation, and good offices. All these methods are used for the peaceful way of settlement of the Disputes

Adjudication of the dispute settlement

There is a major disadvantage for diplomatic settlement is where the parties were no legal obligation for agreeing to the suggestions given to them. There must be an obligation imposed on the parties for the settlement of disputes. Adjudication can be made by the two procedures there are the arbitration and the judicial settlement it is the way given for the states to resolve the by the decisions of the state or by the tribunal, where the arbitration can be done by the arbitrator where the parties can make the clause under the contract where it fails can be resolved by the tribunals and we can see in the china other countries can be taken this arbitration process is the easy way to settle the disputes and ad hoc where it should be binding on the award given by the tribunal, in the same as the international court of justice.

Even the International court of justice gives to have the rights but the parties who fail to the arbitration appointment can go to the court of justice. Judicial settlement of disputes between states by the international tribunal in accordance with the rule of international law. The international character of the tribunal in both the organization and its jurisdiction.

Finally role of CJI:

As the settlement of the dispute between the parties can be processed if the parties agreed, express in front of the CJI but it should be the jurisdiction of the court only after the party’s consent the parties can appear in front of the court also have the jurisdiction. Also one must notice that the rules must be similar between the parties’ states can only present in the court. According to Lauterpacht, 2002 no person can be the individual or international organization that can appear for the cases in front of ICJ. The court can also deal with emergency cases we can see the examples of the frontier dispute case also and the main thing in the ICJ is that the court has to be the power vested to the particular jurisdiction.  Sometimes the CJI order given to the respondent where their state is not complying with it. Many critics have come up with the establishment of the CJI and the security council in UN relations. Also, the CJI has a general right to review the council decisions.

Conclusion

The importance of the course is how to choose the one way to settle the disputes we can observe that the international way of the settlements is because of the peaceful means unless the parties have agreed to it. We can see that most that the court through settlement has given the way for the good development by various modes now in the modern world it was most important to adopt the different ways of settlement.

However the law means to resolve the disputes all the lawyers and judge plays a role for the dispute settlement, but the methods are not based on the application by the arbitrator, court or tribunal of existing law, even in India the arbitration and conciliation act was given to makes the dispute resolution mechanism as was taking foot is good footsteps more and more because India is the most populated country now the pending cases where the dispute makes the complications so that arbitration method is good for the good governance. ICJ must give the compulsory jurisdiction in the power for the settlement also there must be the given the absolute right to the world court where the decisions are binding of parties.

This Article is Authored by Cheraku Mahathi, 3rd Year LLB (Hons) Student at Githam school of law Githam deemed to be University Visakhapatnam, Andhra Pradesh.

Also Read – The Bodies Involved in WTO Dispute Settlement System

Note – The information contained in this post is for general information purposes only. We try our level best to avoid any misinformation or abusive content. If you found any of such content on this website, please report us at info@lawcorner.in

Interested to publish your article on our website? Click Here to submit your article.

Law Corner

Leave a Comment


INTERNSHIP OPPORTUNITY