Some Nonbinding and Binding ways of Conflict : Current Affairs

Disputes are solved in a variety of ways, including coercion, lumping, avoidance, mediation, adjudication, arbitration, and negotiation. Some of these methods are more applicable than others to certain types of conflict or to certain. Let’s discuss all methods of conflict resolution one by one

The nonbinding or mutually agreed method

Dialogue

The international system adopts dialogue as the simplest and easiest method of conflict resolution, a practice also embraced by the UNO. In essence, dialogue involves engaging in a conversation or discussion to resolve problems.

Example: Round table conference during the Indian Independence movement

India – Pakistan dialogue on various issues

Mediation

International mediation is an attempt to resolve disputes between nations. It operates on the same dispute resolution principles as those that apply to disputes between individuals. It is a way to give parties control over settling their differences with objective guidance in a neutral setting.

International mediation can involve things like trade and commerce issues or be an attempt to prevent or halt the armed conflict. Many countries use international mediation to settle disputes on a variety of issues.

In the area of trade and commerce conflicts, the World Trade Organization (WTO) has developed its own dispute resolution system.

WTO is actively involved in settling many trade disputes.

The United Nations (UN) has created the Model Law on International Commercial Conciliation.

The European Union (EU) has designated methods of alternative dispute resolution like mediation a top political priority for EU countries in all conflict situations.

Mediators of international disputes are often highly respected individuals with a strong commitment to resolving issues peacefully.

A sovereign nation with a strong interest in international or regional stability will often serve as a mediator in international disputes.

Adjuction

In international relations, adjudication involves the referral of a dispute to an impartial third-party tribunal-normally either an international court or an arbitration tribunal-for a binding decision. However, the state or states concerned must give their consent to participate either through a special agreement or an existing treaty.

Referring a case to an international court for judicial settlement involves a permanent judicial body with pre-established methods for selecting judges and court procedures. Probably the best-known such court is the International Court of Justice.

Arbitration

At its core, arbitration is a form of dispute resolution. Arbitration is the private, judicial determination of a dispute, by an independent third party. An arbitration hearing may involve the use of an individual arbitrator or a tribunal. A tribunal may consist of any number of arbitrators though some legal systems insist on an odd number for obvious reasons of wishing to avoid a tie. One and three are the most common numbers of arbitrators. The disputing partieshand over their power to decide the dispute to the arbitrator(s). Arbitration is an alternative to court action (litigation), and generally, just as final and binding (unlike mediation, negotiation and conciliation which are non-binding).

Some binding methods of conflict resolution

1. Retorsion

2. Reprisal

3. Blockade

4. Intervention

5. Barrier /Interruption

Retorsion

A retorsion essentially refers to an unfriendly but lawful act undertaken in response to the unfriendly and unlawful acts of another state.Among other things, a retorsion includes the withholding of economic assistance, discontinuance or reduction of trade and investment, denial of economic and financial benefits, or closure of trade.

It is a legitimate method of showing displeasure in a way that hurts the other state while remaining within the bounds of legality.Essentially, they consist of a response to an initial hostile action. If a nation fails in courtesy, or in political policy, or good offices, the injured state has the right to take a similar course to bring the other state back to a sense of propriety and justice.

Reprisal

In international law, reprisal constitutes retaliatory conduct in response to a prior unlawful act. A reprisal is considered lawful if it involves armed force and is undertaken in accordance with the right of self-defense. The validity of a reprisal is established when it is based on a previous unlawful act.

Blockade

A blockade is an effort to cut off supplies, war material, or communications from a particular area by force, either in part or totally. One should not confuse a blockade with an embargo or sanctions, which constitute legal barriers to trade.

Intervention

Intervention, in terms of international law, is the term for the use of force by one country or sovereign state in the internal or external affairs of another. E.g: R2P (responsibility to protect resolution)