CSS International Law Solved Paper 2017 Question No 4

How can good offices and mediation help in avoiding influence of Security Council's highhandedness? Analyze.

Introduction

Although ethical preoccupations stimulated its development and inform its growth, international law has historically been regarded by the international community primarily as a means to ensure the establishment and preservation of world peace and security.

The techniques of conflict management fall into two categories: diplomatic procedures and adjudication. The former involves an attempt to resolve differences either by the contending parties themselves or with the aid of other entities by the use of the discussion and fact-finding methods. Adjudication procedures involve the determination by a disinterested third party of the legal and factual issues involved, either by arbitration or by the decision of judicial organs.

Diplomatic Methods of Dispute Settlement

Article 2(3) of the United Nations Charter provides that: (all/ members shall settle their international disputes by peaceful means in such a manner that international peace and security and justice are not endangered.

The 1970 Declaration on Principles of International Law Concerning Friendly Relations and Co-operation among States develops this principle and notes that: states shall accordingly seek early and just settlement of their international disputes by negotiation, inquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements or other peaceful means of their choice.

The same methods of dispute settlement are stipulated in article 33(1) of the UN Charter. Should the means elaborated fail to resolve a dispute, the continuance of which is likely to endanger the maintenance of international peace and security, the parties under article 37(1) of the Charter, 'shall refer it to the Security Council'.