Satow's Diplomatic Practice (6th Edition)
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Direct Negotiation and Consultation between the Parties Direct Negotiation and Consultation between the Parties
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Inquiry and Fact-finding Inquiry and Fact-finding
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Mediation and Good Offices Mediation and Good Offices
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Conciliation Conciliation
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Arbitration Arbitration
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Judicial Settlement Judicial Settlement
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Regional and Other Special Arrangements Regional and Other Special Arrangements
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29 Peaceful Settlement of International Disputes
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Published:24 September 2009
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Extract
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29.1 There is little new in disputes between States—in some ways, they are as inevitable as disputes between individuals. Here we will concentrate on disputes between States while recognizing that many ‘international’ disputes may not involve States as parties.2 Disputes have varied subject matter and need not concern political matters; they may, for example, be commercial in nature. A dispute is a specific disagreement relating to rights or interests where a party considers that it has a claim against another which that other rejects. The Mavrommatis case3 defined a dispute as ‘a disagreement over a point of law or fact, a conflict of legal views or interests between two persons’.
For example international investment disputes between states on the one hand and individuals or companies on the other may, since the entry into force in 1966 of the Convention on the Settlement of Investment Disputes between States and Nationals of Other States, be submitted to independent conciliation commissions and arbitral tribunals constituted in each case under the framework laid down by the Convention.
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