Author	Waart, P. J. I. M. De. author
Title	The Element of Negotiation in the Pacific Settlement of Disputes between States [electronic resource] : An Analysis of Provisions Made and/or Applied since 1918 in the Field of the Pacific Settlement of International Disputes / by P. J. I. M. De Waart
Imprint	Dordrecht : Springer Netherlands, 1973
Connect to	http://dx.doi.org/10.1007/978-94-015-0947-3
Descript	XIV, 229 p. 1 illus. online resource

The system of the pacific settlement of disputes contained in the United Nations Charter - confirmed in 1970 in the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States - is based on agreement between the parties on both the method to be applied and the acceptance of its results. From the juridical point of view states are free in this system to establish in advance their choice of the appliยญ cation of one or more methods to a dispute and their willingness to accept the result in respect of all or certain groups of disputes or only to determine their choice when a dispute arises. The functioning of the International Court must be regarded in this light. The practice of pacific settlement shows that there is not too great a distance between the standpoints of the Soviet countries, who emphasise direct negotiation as the starting point in settling disputes, and that of the Western countries, who lay particular stress on judicial settlement as such, because the Western countries usually make the application of arbitration and judicial settlement to a specific dispute dependent on the cooperation of all parties, in obtaining which negotiations are essential

I The Significance of the Element of Negotiation in the Pacific Settlement of Disputes Between States -- 1. The significance of mutual agreement between parties in applying methods of pacific settlement of disputes between states -- 2. The normative character of law -- 3. The significance of mutual agreement between legal subjects in the formation of legal rules -- 4. The function of judicial settlement in the implementation of law -- II Pacific Settlement of Disputes Between States โ{128}{148} Creation of Law -- 1. The principle that disputes must be settled peacefully -- 2. The system of pacific settlement -- 3. Conciliation -- 4. The relationship between special provisions and general treaties in the same inter-state link -- 5. Institutionalisation of the cooperation of states in applying methods of pacific settlement of disputes -- III Pacific Settlement of Disputes Between States โ{128}{148} Implementation of Law -- 1. Survey of cases -- 2. Application of provisions on pacific settlement of disputes between states retaining the power to make the decision which can end the dispute -- 3. The element of negotiation in the application of arbitration and judicial settlement -- Summary -- Annex I -- Annex II -- Annex III