Test IV

1. Make the literary translation of the text. Peaceful settlement of disputes

The principle of settlement of disputes by peaceful means is one of the basic tenants of the whole structure of international society. Under the UN Charter the use of force by individual states as a means of settling disputes is prohibited. Peaceful settlement is the only acceptable means in international law. It is the direct corollary of the prohibition of the use of force. This rule is expressed by the UN Charter as follows: "The purposes of the United Nations are: 1. 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 peace: (...)" (Art.1). "All Members shall settle their international disputes by peaceful means in such a manner that international peace and security are not endangered. " (Art.2, §3)

This general obligation does not indicate any specific method of peaceful settlement, or that a dispute must be settled at all. The precise scope of the obligation is that states should settle disputes peacefully, not that they should settle them. This view was expressed by the Permanent Court of International Justice in 1923 as following: "… is well established in international law that no State can, without its consent, be compelled to submit its disputes with other States either to mediation or arbitration, or any other kind of pacific settlement." The rule is that if a state decides to settle, this must be done in a peaceful way. This arises from the necessary consent of the state to apply any international rule of law. Procedures for settlement depend on the consent of the parties. The approach of dispute settlement is thus very different from that in the municipal courts. Moreover, if states consent to settle their disputes through specific means or authorities, it does not mean that states may be compelled to comply with the decision that results. But most states comply with such decisions, often due to political or economic pressure.

2. Make up 5 questions to the text.

3. Continue the following:

• negotiation, enquiry, mediation, conciliation are ……..

• this means of dispute settlement involves an outside party to a dispute ………

• these subjects of international law can be parties in cases before the Court ……….

• the main judicial organ of the UN is……….

4. Give the translation of the following words and word-combinations, make up your own sentences with them.

Dispute; resolution (of a dis­pute)

dispute settlement

endanger

peaceful settlement of disputes

negotiation

enquiry

mediation

conciliation

judicial settlement

resort (to smth.)

maintenance of in­ternational peace and security

peaceful adjustment

impair

party to a dispute

submit a dispute to arbitration

reciprocity

contesting state

5. Fill in the gaps with the corresponding terms and translate the texts:

Good offices Inquiry Mediation Negotiation Conciliation

A. …. is a face-to-face discussion between the disputing parties. It is a traditional and commonly employed method, and usually the first step in the peaceful resolution of disputes. … are not bound by rules of procedure and are frequently carried out through diplomatic channels or handled by “competent authorities” representing ap­propriate government departments and ministries. In addition, recurring problems may be addressed by joint commissions spe­cifically created to negotiate.

B. … is the attempt to clarify the facts pertinent to a dispute in die hopes that agreement on factual matters will facili­tate a final resolution. A group of individuals or an institution may be designated as impartial fact-finders.

C. … involves the interven­tion of an outside party. This method is commonly employed when the negotiations have reached a dead-lock and a third-party is required to break die impasse and to assist the parties in reach­ing an acceptable solution. … may be sought by the dis­puting parties themselves or may be offered by outside parties. The third-party mediator becomes an active participant and is expected to informally present proposals for a solution based on information supplied by the disputing parties.

D. An outside party is said to contribute … when die intervention in a dispute is more passive than that of a mediator. A third-party contributing … usu­ally does nothing more than simply encourage a resumption of die negotiations or provide an additional channel of communication.

E. This method of dispute settlement also involves the intervention of a third-party and is a link between mediation and arbitration. …. has been described as the process of settling a dispute by referring it to a commission of persons whose task it is to elucidate the facts and to make a report containing proposals for a settlement, but without die binding character of an award or judgment. … is a more formal process than mediation and involves independent investigation of factual mat­ters but does not result in legally binding solutions.

6. Make the literary translation from Russian into English.

Международный Суд является главным судебным органом Объединенных Наций.

Суд состоит из коллегии независимых судей, избранных, вне зависимости от их гражданства, из числа лиц высоких моральных качеств, удовлетворяющих требованиям, предъявляемым в их странах для назначения на высшие судебные должности, или являющихся юристами с признанным авторитетом в области международного права. Суд состоит из пятнадцати членов, причем в его составе не может быть двух граждан одного и того же государства. Только государства могут быть сторонами по делам, разбираемым Судом.

К ведению суда относятся все дела, которые будут переданы ему сторонами и все вопросы, специально предусмотренные Уставом Объединенных Наций или действующими договорами или конвенциями.

7. Read the text and answer the following questions:

1. Give the examples of regional organisations that are instrumental in the peaceful settlement of disputes.

2. What is the most commonly used 'judicial' means for the settlement of disputes?

3. Is arbitration a voluntary act?

4. What are the basic functions of arbitration?