An Appraisal of the Gulf Cooperation Council's Mechanisms for Co-operation and the Settlement of Disputes

2020 ◽  
Vol 10 (2) ◽  
pp. 321-345
Author(s):  
Abdulmalik M. ALTAMIMI
Keyword(s):  
International Law ◽  
Dispute Settlement ◽  
Legal Analysis ◽  
Commercial Arbitration ◽  
Public International Law ◽  
Interstate Disputes ◽  
Basic Law ◽  
Peaceful Settlement ◽  
Arab League ◽  
Settlement Of Disputes

AbstractThis paper aims to provide a comprehensive legal analysis, reminding the reader of the missing roles and potential of the the Gulf Cooperation Council [GCC]. Interstate disputes threaten the very existence of the GCC. Moreover, they call into question the GGC's mechanisms for co-operation and for ensuring the peaceful settlement of disputes. For instance, the GCC's Charter, commercial arbitration rules, and the Basic Law of the Economic Judiciary Commission all provide provisions for peacefully settling disputes between GCC Member States and their citizens. GCC states are also members of the League of Arab States [Arab League], another important regional organization with dispute settlement procedures. However, GCC and Arab League judicial and quasi-judicial mechanisms have not been invoked to date, arguably because the states prefer a diplomatic settlement. This paper reviews the GCC's mechanisms for co-operation and dispute settlement, referencing public international law to formulate recommendations to reform the GCC.

scholarly journals International Law and dispute settlement mechanism

2016 ◽  
Vol 17 ◽  
Author(s):  
Carlos Ricardo Caichiolo
Keyword(s):  
International Law ◽  
21St Century ◽  
International Conflict ◽  
Dispute Settlement ◽  
Third Party ◽  
Dispute Settlement Mechanism ◽  
Peaceful Settlement ◽  
Feasible Solutions ◽  
Settlement Of Disputes ◽  
Settlement Mechanism

The DSM, or Dispute Settlement Mechanism, in the absence of a judicial body, is the closest representation of a supreme court or judicial institution in a regional bloc or other international organisation. The search for a peaceful settlement of disputes in the international arena had led to the development of the DSM during the 20th and into the 21st century. The DSM acts as an impartial third party, wherein it intervenes in any international conflict to offer feasible solutions for both sides.O MSC, ou Mecanismo de Solução de Controvérsias, na ausência de um órgão judicial, é a representação mais próxima de uma Corte Suprema ou de instituição judiciária em um bloco regionl ou em organização internacional diversa. A busca por um meio pacífico de solução de disputas no meio internacional levou à criação do MSC ao longo dos séculos XX e XXI. O MSC age como um terceiro imparcial, na medida em que ele intervém em conflitos internacionais com o intuito de ofertar soluções possíveis para as partes envolvidas.

scholarly journals REVIEW OF THE VOLUME ”SOLUȚIONAREA DIPLOMATICĂ A DIFERENDELOR ÎN DREPTUL INTERNAȚIONAL FLUVIAL” [DIPLOMATIC SETTLEMENT OF DISPUTES IN INTERNATIONAL RIVER LAW], AUTHOR: DAN ALEXANDRU GUNĂ, LUMEN PUBLISHING HOUSE, 2019

2021 ◽  
Vol 4 (2) ◽  
Author(s):  
Dumitrita FLOREA ◽  
◽  
◽  
Keyword(s):  
International Law ◽  
Publishing House ◽  
Fundamental Principle ◽  
Public International Law ◽  
Peaceful Settlement ◽  
The One ◽  
Settlement Of Disputes ◽  
International River

Browsing through the pages of Dan Alexandru Gună's book, " Soluționarea diplomatică a diferendelor în dreptul internațional fluvial" [Diplomatic Settlement of Disputes in International River Law], the words "beatus, qui prodest, quibus potest" came to my mind (”blessed is the one who becomes useful through the help given”). In these few simple words I could describe this paper, which turns out to be a thorough research of the fundamental principle of public international law, namely the peaceful settlement of international disputes.

International Law

2021 ◽  
Author(s):  
Anders Henriksen
Keyword(s):  
International Law ◽  
Environmental Law ◽  
International Criminal Law ◽  
Legal Personality ◽  
State Immunity ◽  
Peaceful Settlement ◽  
International Economic Law ◽  
History Of ◽  
History Of International Law ◽  
Settlement Of Disputes

International Law provides comprehensive and concise coverage of the central issues in public international law. The text takes a critical perspective on various aspects of international law, introducing the controversies and areas of debate without assuming prior knowledge of the topics discussed. Supporting learning features, including central issues boxes, chapter summaries, recommended reading and discussion questions, highlight the essential points. Topics covered include the history of international law, legal sources, the law of treaties, legal personality, jurisdiction and state immunity. The text also looks at the international law of the sea, human rights law, international environmental law, international economic law, the peaceful settlement of disputes, the use of force, the laws of armed conflict and international criminal law.

scholarly journals Konflik Antar Negara Berdasarkan Hukum Internasional

2019 ◽  
Vol 21 (1) ◽  
pp. 159-172
Author(s):  
Vera Yanti Artega ◽  
Adwani Adwani ◽  
Sanusi Bintang
Keyword(s):  
International Law ◽  
Dispute Settlement ◽  
Code Of Conduct ◽  
Legal Protection ◽  
Legal Research ◽  
Conceptual Approach ◽  
Peaceful Settlement ◽  
Cross Country ◽  
Inter State

Penelitian ini bertujuan untuk menjelaskan perlindungan hukum internasional terhadap negara yang disadap secara melawan hukum oleh negara lain dan menjelaskan metode penyelesaian sengketa yang dilakukan Indonesia dalam  menyelesaikan konflik antar negara akibat penyadapan yang dilakukan Australia terhadap Indonesia Tahun 2013. Penelitian ini menggunakan jenis metode penelitian hukum yuridis normatif. Hasil penelitian menunjukkan bahwa hukum internasional belum memberikan perlindungan yang cukup kepada negara yang disadap oleh negara lain. Adapun metode penyelesaian sengketa yang digunakan Indonesia dalam menyelesaikan kasus penyadapan dengan Australia adalah penyelesaian sengketa internasional secara damai melalui cara negosiasi. Oleh karena itu, peraturan mengenai penyadapan lintas negara harus segera dibentuk, sehingga perlindungan hukum terhadap negara yang disadap bisa dilakukan. Serta kedua negara harus membentuk code of conduct. Inter-State Conflict Under International Law International relation between two countries at some time could evoke problems which are caused by the cheating action of one party, such as interception resulting in conflict between them. This study aims to explain the protection of international law against countries that are illegally intercepted by other countries and explain the method of dispute settlement conducted by Indonesia in resolving inter-state conflicts resulting from Australian interception to Indonesia in 2013. This study uses a normative-juridical legal research method, by using legislation, case study , and conceptual approach with library data sources. The result shows that international law has not provided sufficient protection to countries intercepted or tapped by other countries. The method of dispute resolution used by Indonesia in solving wiretapping case with Australia is the peaceful settlement of international disputes through negotiation. Therefore, regulations concerning cross-country intercepting must be established immediately, thus legal protection of the tapped countries could be proceeded, and the two countries must establish a code of conduct.

scholarly journals Good offices: grasping the place of law in conflict

Legal Studies ◽  
2014 ◽  
Vol 34 (3) ◽  
pp. 469-496 ◽  
Author(s):  
Aoife O'Donoghue
Keyword(s):  
International Law ◽  
Past Century ◽  
Legal Analysis ◽  
International Organisations ◽  
The Past ◽  
The Pacific ◽  
The Subject ◽  
Definition Of ◽  
Settlement Of Disputes ◽  
Violent Conflicts

In the pantheon of approaches open to participants in the pacific settlement of disputes, good offices holds a noteworthy place. The evolution of good offices over the past century is concurrent with a trend of considerable transformation within international law, including – amongst other changes – a move away from a state-led legal order, including in good offices following the emergence of the heads of international organisations as its prime users, and a process of legalisation and specialisation within the subject that has entirely altered its character. These changes have led to a redefinition of good offices that stresses the actor carrying out the role above the form that it takes. To accompany these changes in practice, there is a need for a transformation in the legal analysis and definition of good offices. One potential option in achieving this end is Bell'slex pacificatoria. If good offices is to continue to play a significant role in the settlement of violent conflicts, a fully developed legal analysis is necessary to grasp both its historical development and its potential future role.

International Law Concentrate

2021 ◽  
Author(s):  
Ilias Bantekas ◽  
Efthymios Papastavridis
Keyword(s):  
International Law ◽  
International System ◽  
Comprehensive Overview ◽  
Essential Information ◽  
Peaceful Settlement ◽  
Questions And Answers ◽  
The Law ◽  
Settlement Of Disputes ◽  
The Relationship ◽  
Domestic Law

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. International Law Concentrate provides a comprehensive overview of international law and includes key information, key cases, revision tips, and exam questions and answers. Topics covered include the nature of international law and the international system, sources of international law, and the law of treaties. The book also looks at the relationship between international and domestic law. It considers personality, statehood, and recognition, as well as sovereignty, jurisdiction, immunity, and the law of the sea. The book describes state responsibility and looks at peaceful settlement of disputes. Finally, it looks at the use of force and human rights.

10. Peaceful settlement of disputes

2019 ◽  
pp. 128-143
Author(s):  
Ilias Bantekas ◽  
Efthymios Papastavridis
Keyword(s):  
Dispute Settlement ◽  
General Assembly ◽  
International Court Of Justice ◽  
Peaceful Settlement ◽  
International Court ◽  
The Icj ◽  
Un General Assembly ◽  
The One ◽  
Settlement Of Disputes ◽  
Advisory Opinions

This chapter examines the means and methods relating to the peaceful settlement of international disputes. The UN Charter obliges States to resolve peacefully their disputes and suggests certain means for such settlement: on the one hand, diplomatic means, like negotiation, mediation, conciliation, or the ‘good offices’ of the UN Secretary-General and, on the other, legal methods, such as arbitration and recourse to the International Court of Justice (ICJ), which are binding. The ICJ exercises its jurisdiction over contentious cases only upon the consent of the parties to the dispute, which may be expressed through various forms (e.g. compromis or optional clause declaration). The ICJ may also render advisory opinions to questions of international law posed by the UN General Assembly, the Security Council, or other competent organs and organizations. The chapter also explains dispute settlement in the context of international investor–State arbitration and in the World Trade Organization.

12. The peaceful settlement of disputes

2017 ◽  
Author(s):  
Anders Henriksen
Keyword(s):  
Security Council ◽  
Dispute Settlement ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
Peaceful Settlement ◽  
International Court ◽  
Un Security Council ◽  
Settlement Of Disputes ◽  
Advisory Opinions ◽  
The Relationship

This chapter discusses some of the more relevant methods for peaceful dispute settlement. It begins by introducing a number of non-adjudicatory settlement mechanisms and providing a brief overview of the role played by the UN. It then discusses the adjudicatory means of settling disputes, including international arbitration; the competences and powers of the International Court of Justice; issues of access to the Court and the Court's jurisdiction in contentious cases; the power of the Court to issue provisional measures; the effects of the Court's decisions; the relationship between the Court and the UN Security Council; and the Court's competence to issue advisory opinions.

13. Peaceful Settlement of International Disputes

2020 ◽  
pp. 276-293
Author(s):  
Paola Gaeta ◽  
Jorge E. Viñuales ◽  
Salvatore Zappalà
Keyword(s):  
International Law ◽  
Peaceful Settlement ◽  
General Obligation ◽  
Settlement Of Disputes ◽  
Flexible Mechanisms

The general obligation of peaceful settlement of disputes complementing the general ban on the use or threat of force prompted States to revitalize and strengthen the traditional means for settling disputes and establish innovative and flexible mechanisms for preventing disputes or, more generally, inducing compliance with international law. This chapter discusses the so-called diplomatic mechanisms for promoting agreement between disputants, the so-called judicial means (arbitration and adjudication), and the interplay between them. The chapter further examines the establishment of more flexible mechanisms for either preventing or settling disputes, in particular non-compliance and supervisory procedures.

Sign in / Sign up

Export Citation Format

Share Document