Handbook on the Peaceful Settlement of Disputes between States

Transcription

1 OLA/COD/2394 Office of Legal Affairs Codification Division Handbook on the Peaceful Settlement of Disputes between States United Nations New York, 1992

2 NOTE Symbols of United Nations documents are composed of capital letters combined with figures. Mention of such a symbol indicates a reference to a United Nations document. OLA/COD/2394 UNITED NATIONS PUBLICATION Sales No. E.92.V.7 ISBN Copyright United Nations 1992 All rights reserved Manufactured in the United States of America

3 CONTENTS Chapter Paragraphs Page INTRODUCTION PRINCIPLE OF THE PEACEFUL SETTLEMENT OF DISPUTES BETWEEN STATES A. Charter of the United Nations B. Declarations and resolutions of the General A ssem bly C. Corollary and related principles D. Free choice of means II. MEANS OF SETTLEMENT A. Negotiations and consultations M ain characteristics Initial phase Conduct of the negotiating process (a) Framework of the negotiating process (b) Place of negotiations (c) Degree of publicity of the proceedings (d) Duration of the negotiation process (e) Attitude of the parties (f) Steps aimed at facilitating the negotiating process through the involvement of a third party (g) Question whether the existence of an ongoing negotiation process precludes resort to another peaceful settlement procedure Outcome of the negotiations and possible subsequent steps B. Inquiry Functions and relation to other peaceful means under the Charter of the United Nations Initiation and methods of work Composition and other institutional aspects Outcome of the process

4 Chapter C. G ood offices Main characteristics, legal framework and relation to other peaceful means under the Charter of the United Nations Functions Application of the method Institutional and related aspects... (a) Initiation of the procedure... (b) Methods of work and venue Termination and outcome of the process... D. M ediation Main characteristics and legal framework 2. Functions Procedural and institutional aspects Outcome of the process... E. Conciliation Main characteristics, legal framework and relation to other peaceful means under the Charter of the United Nations Functions Application of the method Institutional and related aspects... (a) Composition... (b) Initiation of the process... (c) Rules of procedure and methods of work (d) Duration and termination... (e) Expenses and other financial arrangements (f) Venue and secretariat of the commission 5. Termination and outcome of the process... F. A rbitration Main characteristics and legal framework 2. Institutional and related aspects... (a) Types of arbitration agreements. (b) Composition... (c) Rules of procedure... (d) Applicable law... (e) Methods of work and proceedings before the tribunal... Paragraphs Page

5 Chapter (f) Seat and administrative aspects of an arbitral tribunal... (g) Expenses of an arbitral tribunal Outcome of arbitration and related issues... G. Judicial settlem ent Main characteristics, legal framework and functions Resort to judicial settlement Institutional and procedural aspects... (a) Jurisdiction, competence and initiation of the process... (b) Access and third-party intervention... (c) Com position... (d) Rules of procedure... (e) Seat and administrative aspects... (f) Expenses and other financial arrangem ents Outcome of judicial settlement... H. Resort to regional agencies or arrangements Main characteristics, legal framework and relation to other means of peaceful settlement provided for by Article 33 of the Charter of the U nited N ations Institutional arrangements, competence and procedure... (a) League of Arab States... (b) Organization of American States... (c) Organization of African Unity... (d) European Convention for the Peaceful Settlement of Disputes (Council of E urope)... (e) Conference on Security and Cooperation in Europe... (f') European and inter-american systems for the protection of human rights... (g) African Charter on Human and Peoples' R ights... (h) European Communities... (i) Economic Community of West Africa Paragraphs Page

6 Chapter III. (j) Agreements on shared management of resources Actual resort to regional agencies or arrangements in dispute settlement... (a) League of Arab States... (b) Organization of American States... (c) Organization of African Unity... (d) European Convention for the Peaceful Settlement of Disputes (Council of E urope) Relations between regional agencies or arrangements and the United Nations in the field of the peaceful settlement of local disputes 1. Other peaceful means Main characteristics and legal framework 2. Resort to other peaceful means... (a) Novel means which do not consist in the adaptation or combination of familiar m eans... (b) Adaptations of familiar means... (c) Combination of two or more familiar means in the work of a single organ.. PROCEDURES ENVISAGED IN THE CHARTER OF THE UNITED NATIONS... A. Introduction... B. The Security Council Role of the Security Council in the peaceful settlement of disputes... (a) Investigation of disputes and determination as to whether a situation is in fact likely to endanger international peace and security... (b) Recommendation to States parties to a dispute to settle their disputes by peaceful means... (c) Relation to procedures under regional agencies or arrangements Recent trends... C. The General Assembly Role of the General Assembly in the peaceful settlement of disputes... Paragraphs Page

7 Chapter (a) Discussion of questions and making recommendations on matters relating to the peaceful settlement of disputes... (b) Recommendation of measures for the peaceful adjustment of situations 2. Recent trends... D. The Secretariat Role of the Secretary-General... (a) Functions of the Secretary-General in the implementation of the resolutions of other principal organs in the field of the prevention or settlement of disputes.. (b) Diplomatic functions... (c) Functions of the Secretary-General based on the powers expressly conferred upon him by the Charter Recent trends... V. PROCEDURES ENVISAGED IN OTHER INTERNATIONAL INSTRUM ENTS... A. Introduction... B. Procedures envisaged in the constituent instruments of international organizations of a universal character other than the United Nations Procedures envisaged in economic and financial organizations Procedures envisaged in the constitutions of other international organizations with specialized activities... C. Procedures envisaged in multilateral treaties creating no permanent institutions Conventions containing optional procedures for dispute settlement Conventions containing non-compulsory and compulsory procedures in which both the International Court of Justice and an arbitral tribunal are established as choices for judicial settlement Conventions in which resort to the International Court of Justice is the only compulsory judicial settlement procedure Conventions in which arbitration is the only compulsory procedure for judicial settlement Paragraphs Page

8 Chapter 5. Conventions in which conciliation is the only third-party compulsory procedure Conventions combining adjudication and conciliation as compulsory procedures.. 7. Conventions which rely on panels of experts for resolving technical disputes... ANNEXES I. Charter of the United Nations... II. Statute of the International Court of Justice... III. Rules of the International Court of Justice of 14 April 1978 BIBLIOGRAPHY.... Paragraphs Page IN D EX

9 INTRODUCTION By its resolutions 39/79 and 39/88 of 13 December 1984, the General Assembly requested the Secretary-General to prepare, on the basis of the outline elaborated by the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization and in the light of the views expressed in the course of the discussions in the Sixth Committee and in the Special Committee, a draft handbook on the peaceful settlement of disputes between States. In accordance with the conclusions reached by the Special Committee at its 1984 session with respect to the preparation of the draft handbook, the Secretary-General was instructed to consult periodically a representative group of competent individuals from among the members of the Permanent Missions of the States Members of the United Nations in order to obtain assistance in the performance of his task.' At the 1985 session, it was agreed that the "representative group of competent individuals from among the members of the Permanent Missions of the States Members of the United Nations" would be open to all members of the Special Committee and that the group would have purely consultative functions.' The Secretary-General accordingly consulted the above-mentioned representative group in preparing the various chapters of the handbook. The handbook in its final form was approved by the Special Committee at its 1991 session. The purpose of the handbook is to contribute to the peaceful settlement of disputes between States and to help to increase compliance with international law by providing States parties to a dispute, particularly those States which do not have the benefit of long-established and experienced legal departments, with the information they might need to select and apply procedures best suited to the settlement of particular disputes. The handbook has been prepared in strict conformity with the Charter of the United Nations. It is descriptive in nature and is not a legal instrument. Although drawn up on consultation with Member States, it does not represent the views of Member States. In conformity with the above-mentioned resolutions, the scope of the handbook was to be limited to disputes between States, excluding those disputes which although involving States fell under municipal law or were within the competence of domestic courts. However, at the request of the 'Official Records of the General Assembly, Thirty-ninth Session, Supplement No. 33 (A/39/33), para. 133 (a) (2). 2 Ibid., Fortieth Session, Supplement No. 33 (A/40/33), para. 58 (a) and (c).

10 Consultative Group to the Secretary-General, 3 the draft handbook now includes disputes to which subjects of law other than States may be parties. The completion of this Handbook was generally recognized as a concrete and useful contribution to the United Nations Decade of International Law. 3 A/AC. 182/L.61, para. 6.

11 I. PRINCIPLE OF THE PEACEFUL SETTLEMENT OF DISPUTES BETWEEN STATES A. Charter of the United Nations 1. The Charter of the United Nations provides in its Chapter I (Purposes and principles) that the Purposes of the United Nations are: "To maintain international peace and security, and to that end: to take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace, and to bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace." (Article 1, paragraph 1) The Charter also provides in the same Chapter that the Organization and its Members, in pursuit of the Purposes stated in Article 1, shall act in accordance with, among others, the following principle: "All Members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered" (Article 2, paragraph 3). It furthermore, in Chapter VI (Pacific settlement of disputes), states that: "The parties to any dispute, the continuance of which is likely to endanger the maintenance of international peace and security, shall, first of all, seek a solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice." (Article 33, paragraph 1) B. Declarations and resolutions of the General Assembly 2. The principle of the peaceful settlement of disputes has been reaffirmed in a number of General Assembly resolutions, including resolutions 2627 (XXV) of 24 October 1970,2734 (XXV) of 16 December 1970 and 40/9 of 8 November It is dealt with comprehensively in the Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations (resolution 2625 (XXV), annex), in the section entitled "The principle that States shall settle their international disputes by peaceful means in such a manner that international peace and security and justice are not endangered", as well as in the Manila Declaration on the Peaceful Settlement of International Disputes (resolution 37/10, annex), in the Declaration on the Prevention and Removal of Disputes and Situations Which May Threaten International Peace and Security and on the Role of the United Nations in this field (resolution 43/51, annex) and in the Declaration on Fact-finding by the

12 United Nations in the Field of the Maintenance of International Peace and Security (resolution 46/59, annex). C. Corollary and related principles 3. The principle of the peaceful settlement of international disputes is linked to various other principles of international law. It may be recalled in this connection that under the Declaration on Friendly Relations, the principles dealt with in the Declaration-namely, the principle that States shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the purposes of the United Nations; the principle that States shall settle their international disputes by peaceful means in such a manner that international peace and security and justice are not endangered; the principle concerning the duty not to intervene in matters within the domestic jurisdiction of any State, in accordance with the Charter; the duty of States to cooperate with one another in accordance with the Charter; the principle of equal rights and self-determination of peoples; the principle of sovereign equality of States; and the principle that States shall fulfil in good faith the obligations assumed by them in accordance with the Charter-are interrelated in their interpretation and application and each principle should be construed in the context of other principles. 4. The Final Act of the Conference on Security and Cooperation in Europe, adopted at Helsinki on 1 August 1975, states that all the principles set forth in the Declaration on Principles Guiding Relations between Participating States-i.e., Sovereign equality, respect for the rights inherent in sovereignty; refraining from the threat or use of force; inviolability of frontiers; territorial integrity of States; peaceful settlement of disputes; non-intervention in internal affairs; respect for human rights and fundamental freedoms, including the freedom of thought, conscience, religion or belief; equal rights and self-determination of peoples; cooperation among States; and fulfilment in good faith of obligations under international law-" are of primary significance and, accordingly, they will be equally and unreservedly applied, each of them being interpreted taking into account the others." 5. The links between the principle of the peaceful settlement of disputes and other specific principles of international law are highlighted both in the Friendly Relations Declaration and in the Manila Declaration, as follows: 1. Principle of non-use offorce in international relations 6. The interrelation between this principle and the principle of the peaceful settlement of disputes is highlighted in the fourth preambular paragraph of the Manila Declaration and is also referred to in section I, paragraph 13, thereof, under which neither the existence of a dispute nor the failure of a procedure of peaceful settlement of disputes shall permit the use of force or threat of force by any of the States parties to the dispute. 7. The links between the principle of peaceful settlement of disputes and the principle of non-use of force are also highlighted in a number of other

13 international instruments, including the 1945 Pact of the League of Arab States (art. 5), the 1948 American Treaty on Pacific Settlement (Pact of Bogota) (art. I), the 1947 Inter-American Treaty of Reciprocal Assistance (arts. 1 and 2) and the last paragraph of section II of the Declaration on Principles Guiding Relations between Participating States contained in the Final Act of the Conference on Security and Cooperation in Europe. 2. Principle of non-intervention in the internal or external affairs of States 8. The interrelation between this principle and the principle of the peaceful settlement of disputes is highlighted in the fifth preambular paragraph of the Manila Declaration. 9. The links between the principle of peaceful settlement of disputes and the principle of non-intervention are also highlighted in article V of the 1948 Pact of Bogota. 3. Principle of equal rights and self-determination of peoples 10. The links between this principle and the principle of peaceful settlement of disputes are highlighted in the Manila Declaration which (1) reaffirms in its eighth preambular paragraph the principle of equal rights and self-determination as enshrined in the Charter and referred to in the Friendly Relations Declaration and in other relevant resolutions of the General Assembly; (2) stresses in its ninth preambular paragraph the need for all States to desist from any forcible action which deprives peoples, particularly peoples under colonial and racist regimes or other forms of alien domination, of their inalienable right to self-determination, freedom and independence; (3) refers in section I, paragraph 12, to the possibility for parties to a dispute to have recourse to the procedures mentioned in the Declaration "in order to facilitate the exercise by the peoples concerned of the right to self-determination"; and (4) declares in its penultimate paragraph that "nothing in the present Declaration could in any way prejudice the right to self-determination, freedom and independence, as derived from the Charter, of peoples forcibly deprived of that right and referred to in the Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations, particularly peoples under colonial or racist regimes or other forms of alien domination; nor the right of these peoples to struggle to that end and to seek and receive support, in accordance with the principles of the Charter and in conformity with the above-mentioned Declaration". 4. Principle of the sovereign equality of States 11. The links between this principle and the principle of the peaceful settlement of disputes are highlighted in the fifth paragraph of the relevant section of the Friendly Relations Declaration which provides that "International disputes shall be settled on the basis of the sovereign equality of States" as well as in section I, paragraph 3, of the Manila Declaration.

14 5. Principles of internationa law concerning the sovereignty, independence and territorial integrity of States 12. Paragraph 4 of section I of the Manila Declaration enunciates the duty of States parties to a dispute to continue to observe in their mutual relations their obligations under the fundamental principles of international law concerning the sovereignty, independence and territorial integrity of States. 6. Good faith in international relations 13. The Manila Declaration enunciates in its section I, paragraph 1, the duty of States to "act in good faith", with a view to avoiding disputes among themselves likely to affect friendly relations among States. Other references to good faith are to be found in paragraph 5, under which good faith and a spirit of cooperation are to guide States in their search for an early and equitable settlement of their disputes; in paragraph 11, which provides that States shall in accordance with international law implement in good faith all the provisions of agreements concluded by them for the settlement of their disputes; in paragraph 2 of section II, under which Member States shall fulfil in good faith the obligations assumed by them in accordance with the Charter of the United Nations; and in one of the concluding paragraphs of the Declaration, whereby the General Assembly urges all States to observe and promote in good faith the provisions of the Declaration in the peaceful settlement of their international disputes. 14. A provision similar to paragraph 5 of section I of the Manila Declaration is to be found in the third paragraph of section V of the Declaration on Principles Guiding Relations between Participating States contained in the Final Act of the Conference on Security and Cooperation in Europe. 7. Principles ofjustice and international law 15. The "principles of international law" are mentioned together with the principles of justice in Article 1, paragraph 1, of the Charter under which one of the purposes of the United Nations is "to bring about, by peaceful means, and in conformity with the principles ofjustice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace". (emphasis added) The principles of international law are also mentioned jointly with the principles of justice in section I, paragraph 3, of the Manila Declaration under which "international disputes shall be settled on the basis of the sovereign equality of States and in accordance with the principle of free choice of means in conformity with obligations under the Charter of the United Nations and with the principles ofjustice and international law." (emphasis added) 16. Paragraph 4 of section I of the Manila Declaration provides that "States parties to a dispute shall continue to observe in their mutual relations... generally recognized principles and rules of contemporary international law." (emphasis added) 17. "Justice" is referred to in Article 2, paragraph 3, of the Charter and in the first paragraph of the relevant section of the Friendly Relations Declaration, both of which provide for the settlement of international disputes "by

15 peaceful means in such a manner that international peace and security and justice are not endangered." (emphasis added) 8. Other corollary and related principles and rules 18. In its tenth preambular paragraph, the Manila Declaration singles out among "respective principles and rules concerning the peaceful settlement of international disputes", "the exhaustion of local remedies whenever applicable". Article VII of the 1948 Pact of Bogoti contains a similar provision. D. Free choice of means 19. The principle of free choice of means is laid down in Article 33, paragraph 1, of the Charter of the United Nations and reiterated in the fifth paragraph of the relevant section of the Friendly Relations Declaration and in section I, paragraphs 3 and 10, of the Manila Declaration. As indicated above, both the Friendly Relations Declaration and the Manila Declaration make it clear that recourse to, or acceptance of, a settlement procedure freely agreed to with regard to existing or future disputes shall not be regarded as incompatible with the sovereign equality of States. The principle of free choice of means has also found expression in a number of other international instruments, including the Pact of Bogota (art. III) and the Declaration on Principles Guiding Relations between Participating States, contained in the Final Act of the Conference on Security and Cooperation in Europe (third para. of sect. V). 20. The following means are listed in Article 33 of the Charter, in the second paragraph of the relevant section of the Friendly Relations Declaration and in paragraph 5 of section I of the Manila Declaration: negotiation, inquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional arrangements or agencies or other peaceful means of the parties' own choice. Among those "other peaceful means", the Manila Declaration singles out good offices. Under the Friendly Relations Declaration (second paragraph of the relevant section) and the Manila Declaration (para. 5 of sect. I), it is for the parties to agree on such peaceful means as may be appropriate to the circumstances and the nature of their dispute.

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17 II. MEANS OF SETTLEMENT A. Negotiations and consultations 21. Referring to negotiation, the International Court of Justice remarked that "there is no need to insist upon the fundamental character of this method of settlement". I It observed in this connection, 2 as did its predecessor, the Permanent Court of International Justice, 3 that, unlike other means of settlement, negotiation which leads to "the direct and friendly settlement of... disputes between parties" is universally accepted. Furthermore, negotiations are usually a prerequisite to resort to other means of peaceful settlement of disputes. This was recognized as far as arbitral or judicial proceedings were concerned by the Permanent Court in the following words: "Before a dispute can be made the subject of an action at law, its subject matter should have been clearly defined by diplomatic negotiations." 4, It should be noted that the term "diplomacy" is used in some treaties, such as the 1949 Revised General Act for the Pacific Settlement of International Disputes, as a synonym of "negotiations", as is also the phrase "through the usual diplomatic channels" as it appears, for instance, in the 1948 Charter of the Organization of American States. Negotiations 1. Main characteristics 22. The Manila Declaration on the Peaceful Settlement of International Disputes highlights flexibility as one of the characteristics of direct negotiations as a means of peaceful settlement of disputes (sect. I, para. 10). Negotiation is a flexible means of peaceful settlement of disputes in several respects. It can be applied to all kinds of disputes, whether political, legal or technical. Because, unlike the other means listed in Article 33 of the Charter, it involves only the States parties to the dispute, those States can monitor all the phases of the process from its initiation to its conclusion and conduct it in the way they deem most appropriate. ILC.J Reports 1969, p. 48, para n its judgment in the North Sea Continental Shelf case, ibid. 3 1n its Order of 19 April 1929 in the case of the Free Zones of Upper Savoy and the District of Gex (PC.LJ., Series A, No. 22, p. 13). 4 PC.J.J., Series A, No. 2, p The question of the place which negotiation occupies among other means of peaceful settlement of disputes was discussed, inter alia, in the framework of the United Nations Special Committee on Principles of International Law Concerning Friendly Relations and Cooperation among States. For a summary of the arguments advanced on this question within the Special Committee, see Official Records of the General Assembly, Twentieth Session, Annexes, agenda items 90 and 94, document A/5746, paras. 156, 158 and and ibid., Twenty-first Session, Annexes, agenda item 87, document A/6230, paras

18 23. Another characteristic of negotiation highlighted by the Manila Declaration is effectiveness (sect. I, para. 10). Suffice it to say in this connection that in the reality of international life, negotiation, as one of the means of peaceful settlement of disputes, is most often resorted to by States for solving contentious issues and that, while it is not always successful, it does solve the majority of disputes. Consultations 24. Consultations may be considered as a variety of negotiations. While they are not mentioned in Article 33 of the Charter, they are provided for in a growing number of treaties as a means of settling disputes arising from the interpretation or application of the treaty concerned. Mention may be made in this connection of article 84 of the 1975 Convention on the Representation of States in their Relations with International Organizations of a Universal Character, which provides for the holding of consultations at the request of any of the parties, as well as of article 41 of the 1978 Convention on Succession of States in Respect of Treaties and article 42 of the 1983 Convention on the Succession of State Property, Archives and Debts, both of which provide for "a process of consultation and negotiation". 25. In other treaties, consultations are provided for as a preliminary phase in the process of settlement of disputes. Reference is made in this connection to article XI of the 1959 Antarctic Treaty, article 17 of the 1979 Convention on the Physical Protection of Nuclear Material and article XXV of the 1980 Convention on the Conservation of Antarctic Marine Living Resources, which provide, in case of disputes, that the States parties shall consult among themselves with a view to the settlement of the dispute by peaceful means. Exchanges of views 26. Exchanges of views may also be considered as a form of consultations. They play an important role in the system established by the 1982 United Nations Convention on the Law of the Sea for the peaceful settlement of disputes arising from the interpretation and application of the Convention. Reference is made in this connection to article 283 of the Convention, which reads as follows: " 1. When a dispute arises between States Parties concerning the interpretation or application of this Convention, the parties to the dispute shall proceed expeditiously to an exchange of views regarding its settlement by negotiation or other peaceful means. "2. The parties shall also proceed expeditiously to an exchange of views where a procedure for the settlement of such a dispute has been terminated without a settlement or where a settlement has been reached and the circumstances require consultation regarding the manner of implementing the settlement." 2. Initial phase 27. Normally, the negotiating process starts as the result of one State perceiving the existence of a dispute and inviting another State to enter into

19 negotiations for its settlement. The start of the negotiating process is conditional upon the acceptance by the other State of such an invitation. It may occur that a State invited to enter into negotiations has valid reasons to believe that there is no dispute to negotiate and that there is, therefore, no basis for the opening of negotiations. It may also occur that a State, while agreeing to enter into negotiations, subjects the opening of negotiations to conditions unacceptable to the first State. The discretion of States with respect to the initiation of the negotiating process is, however, subject to certain limitations. 28. A number of treaties place on the States Parties thereto an obligation to carry out "negotiations", "consultations", or "exchanges of views" whenever a controversy arises in connection with the treaty concerned. Examples of such treaties are the 1979 Agreement Governing the Activities of States on the Moon and Other Celestial Bodies (General Assembly resolution 34/68, annex, art. 15, para. 1), the 1975 Vienna Convention on the Representation of States in their Relations with International Organizations of a Universal Character (art. 84), the 1982 United Nations Convention on the Law of the Sea (art. 283, para. 1) and the 1959 Antarctic Treaty (art. VIII, para. 2). Under some of those treaties, parties to a dispute arising from the interpretation or application of the treaty are under an obligation to start the consultation or negotiation process without delay (see art. 283, para. 1, of the United Nations Convention on the Law of the Sea; art. 15, para. 2, of the Agreement Governing the Activities of States on the Moon and Other Celestial Bodies; and art. VIII, para. 2, of the Antarctic Treaty). 29. Furthermore, many treaties providing for peaceful settlement procedures make resort to the third party means of settlement envisaged in the treaty conditional upon failure of negotiations. This approach is to be found in some treaties specifically concluded for the settlement of all disputes which may arise among the States parties thereto, such as for example, the 1949 Revised General Act for the Pacific Settlement of International Disputes (art. I). 30. This approach is also to be found in the dispute settlement clause of many multilateral treaties, such as article 4 of the 1948 Convention on the International Maritime Organization, and article VIII of the 1969 International Convention relating to Intervention on the High Seas in Cases of Oil Pollution Casualties. 31. It should furthermore be pointed out that the setting in motion of the negotiating process can be encouraged by international organizations. Aside from the fact that such organizations provide a meeting place where representatives of States parties to a dispute can get together and conduct formal or informal discussions with a view to settling the dispute, organs of an international organization may contribute to the opening of negotiations by addressing to the parties recommendations to that effect. 32. In the case of the United Nations, the General Assembly may, as is recalled in section II, paragraph 3 (a), of the Manila Declaration, "discuss any situation, regardless of origin, which it deems likely to impair the general

20 welfare or friendly relations among nations and, subject to Article 12 of the Charter, recommend measures for its peaceful settlement". The means of settlement which the General Assembly has most frequently recommended to the parties to a dispute is negotiation. Reference is made in this respect to resolution 40/9 of 8 November 1985, in which the Assembly addressed a solemn appeal to States in conflict to proceed to the settlement of their disputes by negotiations and other peaceful means. 33. In addressing such recommendations to the parties, the General Assembly has often asked them to take account in their negotiations of specific elements such as the purposes and principles of the Charter; the objectives of resolution 1514 (XV) of 14 December 1960 (Declaration on the Granting of Independence to Colonial Countries and Peoples); the interests of the people concerned; the right to self-determination and independence; and the principle of national unity and territorial integrity. 34. In accordance with its responsibilities under the Charter of the United Nations in the area of peaceful settlement of disputes or of any situation the continuance of which is likely to endanger the maintenance of international peace and security, the Security Council has on a number of occasions adopted resolutions calling upon States to enter into negotiations. 35. The furtherance of negotiations between the parties to a dispute is but a limited aspect of the role which the United Nations and other international organizations play in the peaceful settlement of disputes. This role is dealt with comprehensively in chapter III of the present handbook, as far as the United Nations is concerned, and in chapter IV, as regards other international organizations. 36. It should finally be noted that the parties may be directed to negotiate by a judicial decision binding upon them. Reference is made in this connection to the Fisheries Jurisdiction cases, in which the International Court of Justice stated the following: "75. The obligation to negotiate thus flows from the very nature of the respective rights of the Parties; to direct them to negotiate is therefore a proper exercise of the judicial function in this case. This also corresponds to the Principles and provisions of the Charter of the United Nations concerning peaceful settlement of disputes. As the Court stated in the North Sea Continental Shelf cases: '... this obligation merely constitutes a special application of a principle which underlies all international relations, and which is moreover recognized in Article 33 of the Charter of the United Nations as one of the methods for the peaceful settlement of international disputes' " (LC.J Reports 1969, p. 47, para. 86).6 6.C.J Reports 1974, p. 32.