Examining The International Disputes And Settlement Thereof: A Detailed Analysis

Insha Afreen, Aligarh Muslim University

1. MEANING OF INTERNATIONAL SETTLEMENT OF DISPUTES

The expression ‘dispute’ is not precisely defined. In a wider sense one can say that it is “a disagreement on a point of law or a fact, a conflict of legal views or of interest between two persons.” It has always been the objective International law to develop that methods which can solve the dispute through peaceful means and on the basis of Justice. To establish a dispute whether it exists or not there should be opposition from both the parties. This disagreement or dispute is a matter of objective determination.

A dispute can arise between the parties maybe on a legal or on a political grounds. Despite that all other differences maybe termed as political disputes or as a conflict of interests.

The expression ‘International disputes’, covers not only “disputes between states as such, but also other cases that have come within the ambit of International regulation, being certain categories of disputes between two states on the one hand, and individuals, bodies corporate, and non-state entities on the other.”

2. LEGAL POLITICAL DISPUTES

Whether a dispute is legal or political, it depends upon the attitude of the states. The distinction made between the legal or political disputes is purely subjective.2 If a State desires that its dispute is to be settled only on the basis of law, then it is regarded as legal dispute. If they fear that the decision might go against them, then the dispute is considered as political. It is therefore difficult to difference between the dispute as they are legal or political.