The diplomatic settlement of international disputes : the role of cooperation

Abstract

This thesis aims to highlight the importance of State cooperation in diplomatic dispute settlement mechanisms, namely negotiation, meditation, inquiry and conciliation. These mechanisms are means intended to maintain international peace and order. In fact, there exists a general customary obligation on States to settle their disputes by the use of peaceful mechanisms. However, it is naïve to think that just because these mechanisms exist all international disputes will be resolved only by their use. There is much more that is needed. States are sovereign and sovereignty does not admit any kind of interference. State cooperation thus becomes essential and inherent in their duty to settle international dispute by peaceful mechanisms. As a matter of fact, various types of cooperational duties in the law of dispute settlement exist. For instance, a general co operational duty of conduct is envisaged in the United Nations Charter and in the 1970 Declaration on Principles of International Law Concerning Friendly Relations and Cooperation among States in Accordance with the Charter of the United Nations (hereinafter referred to as the Friendly Declaration). Procedural cooperation is also required in the choice of the particular mechanism, and in its procedural management. Furthermore, cooperation in substance is needed in the recognition of a dispute between the parties. Cooperation (being procedural or in substance) becomes even more important in the implementation of third parties' recommendations, reports or suggestions as the diplomatic mechanisms, as opposed to the legal ones, do not lead to binding results. In reality, all these co-operational duties can be viewed as a 'network' of obligations which form an integral part of the whole structure of the international law of disputes settlement.