THE ROLE OF DIPLOMACY IN RESOLVING INTERNATIONAL LEGAL DISPUTES

ABSTRACT

A technique by which states’ foreign policies are put into action, Diplomacy is also an important instrument through which states deal with each other in the mutual pursuit of their respective national interest. In other words, diplomacy is seen as the method through which states conduct their businesses with each other in the international system. Through diplomacy, states seek to coordinate policies that is designed to enhance their welfare or power. This paper discusses conceptual clarification and origin of diplomacy, and how diplomacy is conducted in the international system. The paper also examines the functions of diplomacy and its usefulness in dispute resolution. Key aspects of diplomacy are also examined in the paper. The methods and challenges of dispute resolution through diplomacy are also examined. The paper also examines the role of the International Court of Justice as an international adjudicator. At the end, the conclusion is mentioned.

KEYWORDS

diplomacy, dispute resolution, global cooperation, negotiation, mediation, adjudication, International Court of Justice

INTRODUCTION

Diplomacy is a skill of dealing with people without upsetting or offending them but when we use it in terms of law, it is an activity of managing relations between different countries by which nations, groups, or individuals conduct their affairs, in ways to safeguard their interests and promote their political, economic, cultural or scientific relations, while maintaining peaceful relationships. The purpose of diplomacy is to strengthen the state, nation, or organization it serves in relation to others by advancing the interests in its charge. It is through diplomacy, that nations seek to coordinate economic policies designed to enhance their welfare or power or designed to restrict the welfare or power of other states. It is also through diplomacy that the foreign policy of every state seeks to attain its purposes by agreement rather than by war, even though both diplomacy and war are somehow inseparable ; nations use either of the two .Diplomacy plays a crucial role in resolving international conflicts by providing a peaceful means for nations to communicate, negotiate, and find common ground through dialogue, thereby preventing escalation and promoting mutually acceptable solutions to disputes, ultimately aiming to maintain international peace and stability. It ensures cooperation and effective communication at a global scale.

ORIGIN OF DIPLOMACY IN INTERNATIONAL RELATIONS

According to Okoro, diplomacy, as a concept of personal representation in organized international relations, can be traced back to the fifteen century in Europe. It is believed that the act of democracy can be tied to the commercial revolution and the rise of independent states in the international system.

Rourke says that the concept of diplomacy dates back centuries before the birth of Jesus Christ. According to him, historical indicators of negotiations and diplomatic exchange is four millennia old. The records can be found from the time of the great Babylonian Emperor, Hammurabi.

The seventh century witnessed the rise of the state as the dominant political actor which elevated diplomacy to the current practice. The role professional and international diplomats played in international politics from the treaty of Westphalia (1648) to the Congress of Vienna (1815) on behalf of their respective states also gave impetus to the origin of diplomacy. According to Okoro, modern diplomacy was revived by international economics as the new industrial powers competed for spheres of influence in developing parts of the world in order to source for cheap raw materials for the industries that sprang up in Europe and America as a result of the Industrial revolution.

KEY ASPECTS OF DIPLOMACY

The key aspects of diplomacy which help in resolving international disputes are

Communication and Understanding: To resolve conflicts through diplomacy, communication and understanding is very important. International legal disputes can be resolved by establishing open channels for communication between conflicting parties to better understand each other’s perspectives. This can reduce misunderstandings and put forward every state’s interest without runining the relations between the states. Also, the importance of strategic communications in diplomacy can be seen in how it can shape public opinion and perceptions.

Negotiation and Compromise: Negotiation is the art of forging relationships through agreements. It is a way of settling disputes without fighting, a way of making joint decisions when those who are making decisions hold different views or a way of achieving your own objectives despite other participants having different objectives. Diplomacy may help in negotiations by facilitating discussions where parties can bargain and make concessions to reach a mutually benificial agreement. This can ultimately help in maintaining international peace and stability. Expert diplomacy and negotiation skills are needed to reach mutually agreeable deals. Our Prime Minister Mr. Narendra Modi says that wars like Russo-Ukrainian and Israel-Iran can be resolved with diplomacy, only a good form of dialogue is required between the countries. So there will be no loss of human life and property, instead dialogue can bring a solution in a common ground. As India has good terms with both the countries, it can act as a neutral mediator and help resolve the war without violence. From this, we can also say how important is mediation for diplomacy.

Mediation: Mediation through neutral third parties is a very important aspect of diplomacy as mediators act as neutral facilitators, assisting in communication, negotiation, and finding a common ground to reach a peaceful resolution. Utilizing the views of neutral third parties to facilitate dialogue can bridge gaps between opposing sides. The mediator can oversee a resolution that benefits everyone involved, which helps in keeping the relationships between parties or states stay intact. It is useful for three reasons. First, the destructive capability of states’ weaponry makes the cost of conflict extremely high in such situations. Mediation, therefore, provides a quicker and relatively cost-effective method of resolving disputes. Second, within the international sphere, there is no adherence to generally accepted rules, nor is there a central authority regulating states’ behavior. Third, power is diffused across a myriad of units in the international sphere, all of which wish to protect their sovereignty. Mediation, through its non-coercive and voluntary nature, is, therefore, an effective tool to deal with differences between these antagonistic interests, as it does not endanger states’ right to act according to their own wishes.

De-escalation: Diplomacy can help reducing tensions and preventing conflicts from escalating, by promoting understanding and by finding mutually acceptable solutions. It emphasizes the need for respectful communication, negotiation, and compromise, to maintain peace and stability in the international arena. So, this is how diplomacy helps in de-escalating wars and violence.

Trust building: Trust is essential for the development and progress of relations between countries and the people representing them. A lack of trust leads to failed negotiations and even conflicts, while building trust can contribute to lasting peace and cooperation. Diplomacy plays a major role in the building of trust between countries as it serves as a cornerstone for understanding and the potential for peaceful international relations. It fosters a sense of confidence and cooperation between nations to enable future collaboration.

IMPORTANCE OF DIPLOMACY

The importance of diplomacy is such that it can reduce violence by providing a non-violent path to resolve disputes. It can prevent wars and minimize human suffering by providing a solution in favor of both the parties. This can help promoting global cooperation by enabling nations to work together on shared challenges like climate change, terrorism etc. This will result in a collaborative relationship between entities to work toward shared objectives through a mutually agreed division of labour. It also helps in preserving international order by maintaining stability and predictability in international relations. Diplomacy allow countries to resolve legal disputes without resorting to contentious litigation in international courts. This often saves time, money, and the reputations of the involved parties as it is less adversarial.

According to Article 3 if the Vienna Convention of 1961 on diplomatic relations, the functions of diplomatic missions are representing the sending state in the receiving state, protecting in the receiving state, negotiating with the governments of the receiving state on behalf of the sending state, promoting friendly relations between the sending state and the receiving state and developing their economic, cultural and scientific relations.

Some of the examples of diplomatic tools which can help in conflict resolution are International Organizations such as United Nations, which provide platforms for dialogue and mediation on global issues as some official platform is required for the dialogue go happen. Summit meetings and high-level conferences between leaders are also used to discuss critical issues and seek solutions. This is a good diplomatic way of handling things before they go wrong and become violent. Embassies and ambassadors who engage in regular diplomatic interactions with other countries is also a good example. Another example of diplomacy is economic or political measures are often imposed to pressure a nation to change it’s behaviour.

CHALLENGES TO DIPLOMACY

Although diplomacy seems to be such a good option to replace violence and wars, it is not that easy to execute. It faces certain challenges as well such as countries may prioritise their own interests over finding common ground. Diplomats must navigate the delicate balance between national interests and global cooperation. Historical conflicts or deep-rooted grievances between countries can also hinder cooperation at global level. This can lead to mistrust and suspicion and can ultimately hinder peace and stability. Political interference shouldn’t be there as domestic political pressures can limit a diplomat’s ability to negotiate and help it’s country effectively. It also slows down the negotiation process, thereby creating problems of time and timing.

INTERNATIONAL COURT OF JUSTICE AS AN INTERNATIONAL ADJUDICATOR

The International Court of Justice (ICJ) is the principal judicial organ of the United Nations, which was established to adjudicate disputes brought before it by states in the international system. It serves as a pivotal institution in the resolution of disputes between states, aiming to uphold international law and promote peaceful coexistence. The Court consists of fifteen judges who are elected for nine-year terms by the concurrent action of the Security Council and the General Assembly. The traditional home of the International Court of justice is at The Hague in the Netherlands, even though New York is the headquarters of the United Nations. All the members of the United Nations are automatically the members of the international Court of Justice. The International Court of Justice does not handle disputes between private individuals nor does it resolve disputes between individual and government. It only handles or settles disputes or contentious cases between states. The court gets jurisdiction over contentious cases only with the consent of the state involved.

CONCLUSION

Diplomacy is considered as the best option to resolve international legal disputes as it stands out as a peaceful means by which states conduct their foreign policy in the international system. By means of diplomacy, they negotiate with one another and coordinate political and socioeconomic policies that will promote their power and welfare of their citizens. Diplomacy has always applied two methods in the resolution of disputes. These are political method and judicial method. While the political method embraces negotiation, the judicial method has to with arbitration and adjudication in settling disputes between states. The international Court of Justice is a principal organ of the United Nations Organization (UNO) that settles disputes between states through adjudication.

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