Thursday, October 17, 2019

Resolving International Disputes. What Mechanisms are Available to the Essay

Resolving International Disputes. What Mechanisms are Available to the United Nations to Resolve International Disputes - Essay Example The UN has an additional challenge in the form of geographical dispersion and cultural diversity1. Among the primary purposes of the UN are international dispute resolution and upkeep of international security and peace, which means that the body takes collective measures to prevent and remove threats to the security and peace. The mechanisms that are in place to facilitate such objectives include the Security Council, the International Court of Justice, the General Assembly and the Secretary General. Being the key organ charged with the responsibility of maintenance of security and peace, the Security Council calls upon parties involved in disputes for the purpose of settlement as per articles listed in Article 33 of its statutes2. The dispute mechanisms are structured processes that address grievances or disputes arising between parties engaged in societal, legal or business relationships. The mechanisms are used in resolution of disputes and usually incorporate negotiation, mediat ion and conciliation. Through the dispute settlement systems in place, the UN is the best-suited international institution to address the new challenges facing international security. This paper will discuss the mechanisms available to the United Nations to resolve international disputes and their merits. The Security Council has the key responsibility of maintaining security and peace among countries. Other organs of the UN may only make recommendations to member states, but the Security Council has the authority to implement 1 Winnefeld, J 2004, The changing nature of intra-state conflict, Rand, California, pp. 19. 2 Simma, S 2003, The charter of the United Nations, Oxford University Press, New York, pp. 56. binding decisions that member states have agreed to carry out3. Such decisions by the Security Council are referred to as Security Council resolutions. As described in Article One, the UN has a purpose to maintain international security and peace. Hence, it takes collective me asures to prevent and remove threats to peace, suppresses acts of aggression and brings peace in conformity with the guidelines of international law and justice. It aims to develop friendly relations based on respect among nations. As an international body, the UN is determined to reaffirm faith in basic human rights, dignity and value of humanity. Its intention is to establish conditions that facilitate respect and justice for the obligations that stem from international sources of law and treaties as well as promoting better qualities of life, freedom and social progress4. The key motivation behind creating the UN was to save future generations from the threats of war. From the time it was created, the body has been striving to prevent the escalation of disputes into war as well as facilitating the restoration of peace in the event of armed conflicts. Typically, dispute mechanisms used by the UN are not judicial in nature since they are not deployed in courts of law. Instead, they are governed by core processes of human rights as defined by treaties of human rights5. The UN acknowledges that the absence of military conflicts or war between countries is not an assurance of international security and peace. Threats to international security and peace are seen in other sources outside of the military such as the instability arising from ecological, humanitarian, social and economic fields. Other factors that contribute to the insecurity are international environmental disputes that stem from 3 Thomas, G 2009, Admission to the United Nations: Charter Article 4 and the Rise of Universal Organization, Martinus Publishers, Chicago, pp. 64. 4

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