ABSTRACT

The United Nations (UN) Charter requires all member-States to “settle their international disputes by peaceful means”. General rules of procedure for the mediation of disputes between States do not exist. A mediator can also provide financial support and other valuable assistance in the performance of the solution agreed upon. In the dispute between India and Pakistan between 1951 and 1961 on the waters of the Indus basin, the World Bank mediated successfully by granting financial aid. ‘Fact-finding’ and ‘inquiry’ as methods for establishing facts in international law can be used for a variety of purposes, including the practice of decision-making of international organisations. The task of establishing the facts may also be combined with their legal evaluation and that of making recommendations for the settlement of disputes, which then makes a clear distinction between fact-finding/inquiry and conciliation and mediation not always possible, as in the case of the Dogger Bank incident.