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RECOURSE TO THE LAW IN THE SETTLEMENT OF INTERNATIONAL DISPUTES: WESTERN SAHARA

RECOURSE TO THE LAW IN THE SETTLEMENT OF INTERNATIONAL DISPUTES: WESTERN SAHARA INTRODUCTION Recourse to the law in the settlement of disputes is an article of faith of international lawyers. It was with this in mind that the first Hague Peace Conference of 1899, close to a century ago, set about the task of codifying and developing the law and developing methods for the peaceful settlement of disputes, including arbitration and judicial settlement. The dispute over the Western Sahara, though still going on, has seen the invocation of a significant number of legal methods and techniques, which make it a fitting case-study on the role of law in the settlement of international disputes. Efforts to settle the dispute so far have seen: articulation and application of the principle of self-determination; use of the advisory jurisdiction of the International Court of Justice; use of the good offices of the Secretary- General of the United Nations; cooperation between the United Nations and the OAU; negotiation and implementation of a Settlement Plan; the indication of policy parameters by the Security Council of the United Nations; and use of an Independent Jurist for its implementation. The case is particularly interesting to illustrate the subtleties of the exercise of the good offices of the Secretary-General. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png African Yearbook of International Law Online Brill

RECOURSE TO THE LAW IN THE SETTLEMENT OF INTERNATIONAL DISPUTES: WESTERN SAHARA

African Yearbook of International Law Online , Volume 5 (1): 20 – Jan 1, 1997
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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
eISSN
2211-6176
DOI
10.1163/221161797X00103
Publisher site
See Article on Publisher Site

Abstract

INTRODUCTION Recourse to the law in the settlement of disputes is an article of faith of international lawyers. It was with this in mind that the first Hague Peace Conference of 1899, close to a century ago, set about the task of codifying and developing the law and developing methods for the peaceful settlement of disputes, including arbitration and judicial settlement. The dispute over the Western Sahara, though still going on, has seen the invocation of a significant number of legal methods and techniques, which make it a fitting case-study on the role of law in the settlement of international disputes. Efforts to settle the dispute so far have seen: articulation and application of the principle of self-determination; use of the advisory jurisdiction of the International Court of Justice; use of the good offices of the Secretary- General of the United Nations; cooperation between the United Nations and the OAU; negotiation and implementation of a Settlement Plan; the indication of policy parameters by the Security Council of the United Nations; and use of an Independent Jurist for its implementation. The case is particularly interesting to illustrate the subtleties of the exercise of the good offices of the Secretary-General.

Journal

African Yearbook of International Law Online – Brill

Published: Jan 1, 1997

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