Вайнагій М. В. Міжнародно-правові засоби та процедури врегулювання міжнародних суперечок
The article highlights norms and provisions of international legal documents within such international organization as the League of Nations, the United Nations Organization, the Organization for Security and Co-operation in Europe, the Council of Europe, the Organization of American States and the Organization of African Unity (African Union) in terms of means and procedures for the peaceful settlement of disputes.
Conventions, declarations, resolutions, protocols, statutes, charters, treaties and other acts can be found among these international legal documents from all continents all over the world.
In the process of studying the international legal acts, there are analysed provisions stipulating the use of means and procedures for the peaceful settlement of international disputes. There are also described characteristic features of applying these tools and mechanisms. Besides, it is conducted an analysis of their peculiarities and perspectives for use in practice.
Despite a wide range of instruments and mechanisms available for the peaceful settlement of disputes, number of conflicts all over the world is increasing. It may say about their ineffectiveness or about a necessity to develop new concepts, new ideas, new approaches to understanding of conflict and ways of its solution.
All peaceful instruments include application of negotiations. Along with that, negotiations as a method to resolve a dispute are not fully discovered and updated. There are no strict and generally recognised rules of conducting negotiations, what participants of negotiations should comply with and what is allowed or not allowed to do while convincing.
Researchers of the peaceful settlement of disputes agree on effectiveness and reasonableness of engaging the third, neutral party for dispute resolution. It can be an objective remedy in terms of impartiality and fairness.
One more aspect which is taken into account more and more often is prevention. That is to take corresponding measures in advance. When the situation is at the beginning of escalation it is much easier to tackle it. A prophylactics is much better than therapeutics, treatment.
