Role and Problems of Arbitration With Respect to Political Disputes (From Resolving Transnational Disputes Through International Arbitration, P 15-20, 1984, Thomas E Carbonneau, ed. - See NCJ-98767)

• NCJ Number: 98769
• Author(s): D Rusk
• Date Published: 1984
• Length: 6 pages
• Sale Source: University Press of Virginia
• Language: English
• Country: United States of America

Annotation

Negotiation is the primary vehicle for resolving international disputes, but arbitration is appropriate under certain conditions.

Abstract

Negotiation is not only the primary mechanism for resolving international disputes but is also a major component in the success of other dispute settlement modes. Experience indicates that negotiation is usually faster and less expensive than other dispute settlement means, and it permits each party to have a measure of satisfaction from the resolution. A review of matters that have come before the United Nations Security Council indicates that few disputes could have been resolved by arbitration. Differences have been too monumental and vital to the national interests of the contending parties to be submitted to third party determination. Arbitration only promises success under certain conditions. First, there must be willingness by both parties to settle the dispute. Second, there must be factors that mitigate against settlement by negotiation. Third, the parties must recognize the need for third party assistance. Fourth, there must be a significant body of international law governing the issues in the dispute or precise mutually agreed upon instructions for the arbitration of the issues. Arbitration plays a major role in settling disputes between private parties across international borders or between a private party and a government. Since such disputes often become government-to-government problems, arbitral arrangements in the private sector can make a considerable contribution to the easing of relations among governments.