Pacific Settlement of Disputes: The UN Charter
Alternative Dispute Resolution is a decisive mechanism proved to be of utmost significance in the domestic sphere. It is a necessary element to assist and facilitate the courts and is more satisfactory as compared to its counterparts. On the similar line, the significance of ADR mechanism in the international sphere cannot be denied or overlooked. It is the only tool for amicably resolving the bickering among the countries. Consequently, adoption or recognition of ADR mechanism by the United Nations is the obvious and necessary event.
The ultimate aims of United Nations are to maintain world peace and security; developing relation among nations; fostering cooperation between nations in order to solve economic, social, cultural or humanitarian international peace and providing a forum for bringing countries together. Accordingly, the United nations provide opportunities for the countries to discuss international matters, problems and disputes. Consequently, the inclusion of the Pacific Settlement of Dispute mechanism became significant in resolving dispute among countries without resorting to the International Court of Justice. It is of paramount character for achieving world peace and to avoid wars among the countries. Article 2(3) of UN Charter obligates parties to resolve disputes peacefully.
Chapter VI of the UN Charter deals with the practice of the United Nations aimed at promoting and implementing recommendations and methods or procedures for the peaceful settlement of disputes. It contains various provision according to which Security Council may make recommendations to the parties to dispute or situations. Article 33 of the UN Charter obligates the countries to address the disputes, which are likely to endanger the maintenance of international peace and security, through negotiation, mediation or other peaceful means. The council can also call on the parties to settle the dispute by such means. However, Article 35 of the Charter grants both member and non- member states the power to bring any dispute, or any situation that is likely to endanger international peace and security to the security council so that the matter can be resolved amicably. Parallelly, under Article 11 and Article 99 of the Charter, the General assembly and Secretary- General are empowered to brought new disputes or situation to the attention of security council. Article 36 of the UN Charter give wide powers to the security council to recommend appropriate procedures or methods of adjustment. Article 37 empowers the security council to decide whether to take action under Article 36 or to recommend such terms of settlement as it may consider appropriate. Lastly, Article 38 of the UN Charter states that “without prejudice to the provisions of Article 33 to 37, the security council may, if all the parties to any dispute so request, make recommendations to the parties with a view to the pacific settlement of disputes.”
Chapter VI of the UN Charter requires countries with dispute that could lead to war to first of all try to seek solutions with peaceful methods. Therefore, the inclusion of the pacific settlement of dispute not only lessen the burden of international courts but is useful in securing world peace and friendly relations among the countries in the world