[ARTICLE WRITTEN BY: ANGEL M. MORRIS, ID #: GP-94952/ Student, Cuttington University Graduate School of Global Affairs and Policy]
Introduction
International Dispute Settlement refers to the methods and institutions through which states, international organizations, or other international actors resolve their disagreements in a peaceful manner. It is a central pillar of international law and essential for maintaining global peace, stability, and cooperation.
Because the international system lacks a single world government with compulsory authority, states rely on agreed mechanisms both legal and diplomatic to settle disputes.
This paper explores the Concept of International Dispute Settlement its origin, Nature, and principles governing disputes globally.
Nature of International Disputes
An international dispute arises when two or more states (or international actors) express opposing views regarding a legal right, obligation, or fact.
Disputes may concern:
Territorial boundaries: Is an imaginary line on the earth’s surface that delineates that extent of a state’s or other jurisdiction’s sovereignty and legal authority. A clear example of territorial boundaries is the Liberia & Côte d’Ivoire (Ivory Coast) land boundary dispute.
This boundary dispute was originated during the colonial era between France which colonized Côte d’Ivoire and the United States-supported Liberian government.
Use of Force: Is the act or degree of physical power law enforcement or state actors applied to control situation. Example: 2016 LNP Abuse Allegation: A woman was stripped and beaten by two LNP officers during a raid; an investigation into a commander for beatings was ongoing, showing persistent issues with excessive force by police.
Trade and Investment Issues: Deals with the challenges and opportunities involving international exchange of goods, services and capital that include policy, regulatory and infrastructural environmental that affects the flows of goods and services in to the economy.
Example: Ellen Johnson Sirleaf 2006 forced on reform programs to address significant structural challenges during her administration.
Environmental Harm: Has to do with the negative pollution on the earth’s surface that destroyed the habitant of earth. Example: Sime Darby and Timber Sales Contracts (TSCs) destroyed vast forest areas, critical for biodiversity and climate regulation.
Human Rights Violations: A rights of persons that have been denial of by an individual as stated in the Universal Declaration Human Rights context. Example: 2007 Police Abuse and Mistreatment of Detainees.
This dark days in our history Liberian witness police abuse, harassment, intimidation and cruel or inhuman treatment of detainees by the Liberian national police without investigation and these peoples were send behind bar.
Diplomatic Relations: This is a tie between nations and states for peace, trade and cooperation using ambassadors and embassies for dialogue. Example: China & Liberia Diplomatic Relations ties was Restored in 2003. Japan & Liberia, India & Liberia and USA & Liberia Relations
The peaceful settlement of such disputes is required under the UN Charter, specifically Article 2(3) and Chapter VI. (Merrills, 1984). (Hestermeyer, 2019), (https://www.researchgate.net ).
Principles Governing International Dispute Settlement
Several key principles guide the settlement of disputes between states:
Peaceful Means: States must resolve disputes without resorting to the use of force.
Free Choice of Methods: States may choose any peaceful method—legal or diplomatic to settle their dispute.
Consent: No mechanism can impose its jurisdiction on a sovereign state without that state’s consent.
Good Faith: Parties must negotiate and participate in dispute resolution sincerely.
Pacta Sunt Servanda: Agreements reached must be respected. (Merrills, 2022), (Higgins, 2013), (Franck, 2022)
Methods of International Dispute Settlement: International dispute settlement methods fall into two major categories: diplomatic and legal.
Diplomatic Methods: Diplomatic techniques focus on negotiation and communication, without binding legal outcomes.
Negotiation: This is the most common and fundamental method. Parties communicate directly to reach a mutually acceptable solution. It is flexible, confidential, and preserves relationships.
Mediation: A neutral third party assists the disputing states in reaching a settlement. The mediator has no power to impose a decision.
Good Offices: A third party facilitates communication between states but does not actively participate in negotiations.
Inquiry: An impartial commission investigates and establishes facts surrounding the dispute.
It is frequently used when the disagreement involves factual issues.
Conciliation: A commission examines evidence, hears the parties, and proposes a non-binding settlement. It is more structured than mediation but still diplomatic. (Merills, 2021). (Wells, 1993), (Rubin, JZ, 1993), (Kelsen, 2022).
(https://www.kluwerlawonline.com).
Legal Methods: Legal mechanisms produce binding decisions based on international law.
Arbitration: In arbitration, parties submit their dispute to a tribunal they create by agreement.
Key Features:
Parties choose arbitrators
Procedures are flexible
Decisions (awards) are binding
Suitable for territorial, commercial, and investment disputes
Judicial Settlement: This involves submitting disputes to an established international court.
Major Institutions Include:
International Court of Justice (ICJ): The principal judicial organ of the UN
International Tribunal for the Law of the Sea (ITLOS)
Permanent Court of Arbitration (PCA)
International Criminal Court (ICC) (for individuals, not states)
Regional courts such as the European Court of Human Rights
Judicial decisions are authoritative and binding, though they require state consent to jurisdiction. (Merrills, 2021), (Murphy, 2021)
Role of the United Nations
The UN plays an important role in dispute settlement under the UN Charter.
Security Council
Can:
Call on parties to settle disputes peacefully
Recommend procedures or terms of settlement
Take measures to maintain peace if disputes escalate
General Assembly
May:
Discuss disputes
Make recommendations
Support fact-finding and mediation missions
Secretary General
Often exercises “good offices” to mediate and assist in negotiations. (Brabandere, 2023), (Schultz, 2023).
Contemporary Issues and Challenges
Lack of Compulsory Jurisdiction
Most international courts require states’ consent, limiting effectiveness.
Enforcement Difficulties
International rulings depend on voluntary compliance and political pressure.
Rise of Non-State Actors
Regionalization of Dispute Settlement
Regional courts and tribunals are gaining importance, providing alternatives to global mechanisms. (Kohler, 2023).
Importance of International Dispute Settlement
International dispute settlement promotes:
Global peace and security
Respect for international law
Economic stability and investment protection
Human rights and justice
Orderly coexistence among states
It helps prevent conflicts from escalating into war and ensures that states have peaceful ways to resolve their disagreements. (Haley, 2021), (Mavroidis, 2021), (Roberts, 2021).
Conclusion
International Dispute Settlement is a cornerstone of the modern international legal system.
Through a combination of diplomatic dialogue and legal adjudication, the global community strives to manage conflicts, uphold the rule of law, and maintain international peace.
Despite challenges of state sovereignty and enforcement, the diverse mechanisms available negotiation, mediation, arbitration, and judicial settlement continue to provide effective avenues for resolving disputes in an increasingly interconnected world.
NOTE: This essay was part of the international Law Course’s activities taught by Dr. Mory Sumaworo (Ph.D) Professor at Cuttington University Graduate School of Global Affairs and Policy.
About the Author: Angel M. Morris is a committed public sector professional currently serving at the Bureau of Cultural Affairs, where she contributes to the coordination and execution of national cultural programs, heritage initiatives, and public engagement activities.
She holds a Bachelor of Arts degree in Political Science and Criminal Justice, and she is a graduate of the Liberia Institute of Public Administration (LIPA), where she earned a professional certificate in Administrative Management. She is presently pursuing a Master of Arts in International Relations at the Cuttington University Graduate School, with academic interest in governance.
Angel M. Morris work reflects a strong blend of administrative competence, analytical depth, and cultural insight. Through her role, she supports government efforts to strengthen Liberia’s cultural identity and promote national cohesion through coordinated programs and performances. Beyond her public sector commitments, she is exploring entrepreneurial ventures in the beauty and creative industries.
She is recognized for her disciplined work ethic, intellectual curiosity, and ability to integrate academic knowledge with practical public service delivery.
References:
Mavrommatis Palestine Concessions (Greece v. UK), PCIJ Rep Series A, No. 2 (1924).
Shaw, M. N. (2017). International Law. Cambridge University Press.
UN Charter, Art. 33.
Monetary Gold Removed from Rome, ICJ Reports (1954).
Nuclear Tests (Australia v. France), ICJ Reports (1974).
Brownlie, I. (2008). Principles of Public International Law, Oxford University Press.
Dixon, M. (2013). Textbook on International Law. Oxford University Press.
Bercovitch, J. (1996). Resolving International Conflicts. Lynne Rienner.
About the Author
