Negotiation as a Legal Tool of Dispute Settlement in International Relations

Abstract

Negotiation, as one of the peaceful means of settling disputes, is most often resorted to by States for solving contentious issues. This is because negotiation offers a veritable prospect of a continued harmonious co-existence between nations who may have common goals but divergent interests. Again, negotiations are usually done on the basis of equal status, fair treatment and mutual quest for peace. Adopting the doctrinal research method, this work examined the concept of negotiation and traced the evolution of negotiation in international relations; its importance to diplomacy as a means of influencing foreign governments through dialogue, and other means short of war and violence. The work also discussed, amongst others, the advantages and disadvantages of the process; the obligation or otherwise of nations to negotiate their disputes and instances where negotiations was successfully used to stop the breach of international peace and security, or prevent the outbreak of war. The paper found that even though there are no compulsive obligation to negotiate international disputes, except for directives contained in treaties; owing to the efficacy and importance of negotiation in maintaining international peace, there is the need to interpret the extant provisions of the United Nations (UN) Charter, particularly Articles 2 and 33 thereof the liberally to compel negotiation in all instances where disruption of the world peace is a possible outcome of an existing dispute.

 

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