Legal encyclopedia. Letter M

PEACEFUL MEANS OF RESOLUTION OF INTERNATIONAL DISPUTES

- a system of international legal means for the settlement of international disputes.

M. S. R. M. S. are divided into conciliation and judicial means.

With the help of conciliatory means, the dispute is settled as a result of direct contact between the parties and the agreement.

The conciliation means are:

1) negotiations - seeking the resolution of differences by the disputing parties themselves by establishing direct contact and reaching an agreement between them. Classification of negotiations:

A) on the subject of the dispute - peaceful, political, commercial;

B) in terms of the number of participants, many-sided and bilateral;

C) by the level of representation of the parties - inter-state, intergovernmental;

2) good services - a way of resolving a dispute,

In which a third party not participating in the dispute, on its own initiative or at the request of the disputing parties, enters the settlement process. As a third party, both the state and its official or organization can act;

3) mediation - the direct participation of a third party in the peaceful settlement of a dispute to facilitate the development of an acceptable solution to the dispute. Intermediaries can be states, international bodies and organizations, as well as individuals. The features of mediation are informality and confidentiality;

4) Establishment of facts is a procedure used to establish the facts underlying the dispute. An investigation commission is set up for these purposes. The Commission draws up a report on the basis of the facts, documents, testimonies of witnesses and experts that do not have the force of a court decision;

5) reconciliation is a means, combining the establishment of facts and mediation and carried out by the conciliation commission. Judicial means are used in case of failure to reach agreement by conciliation means.

The judicial means are applied in the following forms:

1) international arbitration (arbitral tribunal) - for the consideration of disputes to which States and international organizations are parties;

2) the international court - institutions that operate on a permanent basis and consist of independent judges designed to resolve international disputes on the basis of international law and to make legally binding decisions.

Depending on the nature of the disputes in question, international courts are divided into courts:

1) interstate disputes (International Court of Justice);

2) cases brought by natural and legal persons against states and international organizations (European Court of Human Rights);

3) labor disputes within the framework of international organizations (ILO Administrative Tribunal);

4) to prosecute individuals (the Nuremberg Tribunal);

5) various categories of disputes (EU Court).