Interstate Arbitration: “… Settling Disputes Which Diplomacy Has Failed to Settle”

Abstract

The subject of interstate arbitration has been largely neglected in the field of international relations, often dismissed as merely an obscure legal process. Drawing on numerous cases, this article argues that interstate arbitration has been a significant strategic factor in settling important international disputes and that its merit as a dispute resolution method should be evaluated not only on the basis of arbitrators’ decisions alone but also on its impact on the underlying diplomatic process between disputants. The author examines the nature of interstate arbitration, traces its historical development, outlines its contemporary processes, and proposes a framework explaining how and when it may be applied to international conflicts between states.

Legal Problems of Mediation as an Alternative Way to Resolve Disputes in the Republic of Kazakhstan

“…At the same time, in Scotland and Northern Ireland, the provisions of the Directive were extended to cross-border mediation and did not affect disputes of an internal nature. In order to transform the Directive, Scotland adopted the Rules for Cross-border Mediation, which involved only Articles 7 and 8 of the EU Directive (Salacuse, 2022). In other words, these Rules do not otherwise directly correlate with other norms of the European Directive.…”