III. Pacific Settlement of Disputes

1945 ◽  
Vol 39 (5) ◽  
pp. 956-970 ◽  
Author(s):  
Leland M. Goodrich
Keyword(s):  
San Francisco ◽  
Historical Background ◽  
Extensive Literature ◽  
Historical Experience ◽  
Peaceful Settlement ◽  
The Pacific ◽  
National Economic ◽  
Peace And Security ◽  
Actual Operation ◽  
Settlement Of Disputes

A plan for the peaceful settlement of international disputes is the very heart of any charter establishing an international organization to maintain peace and security. Greater emphasis may be given and greater popular interest may attach, particularly in time of war, to provisions for the joint use of national economic and military forces in restraint of aggression. Yet it must be admitted that peace and security are most completely assured when the necessity for resort to collective force does not exist, and when nations, like individuals in a well-ordered society, settle their differences by peaceful means.Any full understanding of the provisions for the pacific settlement of disputes contained in the Charter of the United Nations would, of course, require an analysis of our total historical experience in the development of principles, procedures, and institutions for this purpose. In particular, an analysis of the League system and its actual operation, and of the reasons why it failed, would seem necessary. For whatever we do today must find its chief justification in the conviction that in our present endeavor we are profiting from the experience of the past and are creating a system which has a better chance of success than its predecessors. Space, however, does not permit the detailed analysis of our historical experience which is necessary to a satisfactory evaluation of the San Francisco achievement. The reader who wishes to explore this historical background more fully is referred to the extensive literature dealing generally with peaceful settlement of disputes, and more particularly with the League experience.

Obligation to Negotiate Access to the Pacific Ocean (Bolivia v. Chile)

2021 ◽  
Vol 195 ◽  
pp. 1-178
Keyword(s):  
Pacific Ocean ◽  
International Law ◽  
Specific Result ◽  
Content Type ◽  
Legal Obligations ◽  
Peaceful Settlement ◽  
The Pacific ◽  
The Pacific Ocean ◽  
Settlement Of Disputes ◽  
War Of The Pacific

1International Court of Justice — Jurisdiction — Consent of States Parties — Pact of Bogotá — Exception to jurisdiction for disputes settled before entry into force of Pact — Dispute between Bolivia and Chile regarding Bolivian access to the Pacific Ocean — War of the Pacific — 1904 Treaty of Peace — Whether Chile had subsequently agreed to negotiate to give Bolivia sovereign access to the sea — Whether dispute had been settled before the entry into force of the Pact — Whether objection possessing an exclusively preliminary characterDiplomatic relations — Peaceful settlement of disputes — Duty to negotiate — Whether duty of peaceful settlement giving rise to duty to negotiate to achieve a specific result — Whether expression of willingness to negotiate imposing binding obligation — Obligations of resultGeneral principles of international law — Estoppel — Conditions for estoppel — Legitimate expectations — Whether forming part of international lawTerritory — Sovereignty — Treaty of peace — 1879 War of the Pacific — Bolivia losing coastal territory to Chile — 1904 Treaty of Peace — Whether Bolivia possessing sovereign rights of access to the Pacific notwithstanding loss of coastline — Whether Chile under a duty to negotiate sovereign access for BoliviaTreaties — Diplomatic exchanges — Whether constituting treaty — Whether giving rise to binding legal obligations — Expressions of willingness to negotiate — Whether creating legal obligation to negotiate so as to achieve specific resultWar and armed conflict — Treaty of peace — Territory acquired by use of force during nineteenth century — Subsequent recognition of title of victorious State by treaty of peace

Introduction: Mediation and Negotiation in the Global South

2017 ◽  
Vol 22 (3) ◽  
pp. 377-379
Author(s):  
Denise Garcia
Keyword(s):  
Global South ◽  
International Negotiation ◽  
International Peace ◽  
The North ◽  
Peaceful Settlement ◽  
International Mediation ◽  
Peace And Security ◽  
To Come ◽  
Mediation Processes ◽  
Settlement Of Disputes

AbstractThe practice of international mediation is widely recognized as essential for international peace and security, and its advantages have been extensively acknowledged. It is also an integral component of international negotiation and the peaceful settlement of disputes. Nevertheless, most of the governmental and non-governmental actors involved in international mediation processes come from predominantly Northern countries. Very few states and civil society institutions from the Global South are engaged in international mediation initiatives or have invested in improving their national mediation capacities. Looking into the future, the involvement of the South in these efforts is needed more than ever. World leaders, from the North and the Global South need to revitalize principled commitments and allow great negotiators to come to the fore to reverse deadlocked and perilous situations in the search for peace and prosperity.

Charles Francis Adams: diary of a young American taxidermist visiting New Zealand, 1884–1887

2014 ◽  
Vol 41 (1) ◽  
pp. 1-16 ◽  
Author(s):  
B. J. Gill
Keyword(s):  
New Zealand ◽  
San Francisco ◽  
Marine Invertebrates ◽  
Working Life ◽  
Early Years ◽  
Detailed Account ◽  
East Indies ◽  
The Pacific ◽  
Set Up ◽  
White Island

In December 1884 Charles Francis Adams (1857–1893) left Illinois, USA, by train for San Francisco and crossed the Pacific by ship to work as taxidermist at Auckland Museum, New Zealand, until February 1887. He then went to Borneo via several New Zealand ports, Melbourne and Batavia (Jakarta). This paper concerns a diary by Adams that gives a daily account of his trip to Auckland and the first six months of his employment (from January to July 1885). In this period Adams set up a workshop and diligently prepared specimens (at least 124 birds, fish, reptiles and marine invertebrates). The diary continues with three reports of trips Adams made from Auckland to Cuvier Island (November 1886), Karewa Island (December 1886) and White Island (date not stated), which are important early descriptive accounts of these small offshore islands. Events after leaving Auckland are covered discontinuously and the diary ends with part of the ship's passage through the Dutch East Indies (Indonesia), apparently in April 1887. Adams's diary is important in giving a detailed account of a taxidermist's working life, and in helping to document the early years of Auckland Museum's occupation of the Princes Street building.

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.

The N. E. A. at San Francisco

1939 ◽  
Vol 122 (7) ◽  
pp. 229-231
Author(s):  
Belmont Farley
Keyword(s):  
San Francisco ◽  
Pacific Coast ◽  
National Education Association ◽  
National Education ◽  
The Pacific ◽  
Education Association

Largely attended and replete with interest was this year's gathering of the National Education Association on the Pacific Coast

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