ABSTRACT

This chapter focuses on the subject of resources dispute settlement to ensure the subject is not unduly neglected in this special issue of the Natural Resources Journal dealing with transboundary resources. It explores the exact substance and meaning of that principle as applied to shared resources. The chapter examines, both in theory and in practice, the diverse peaceful solutions envisaged by the various provisions of instruments relating to the settlement of resources disputes. Conciliation has a non-conflictual nature which is inherent in amicable settlement, as opposed to arbitration which is conflictual. Arbitration may continue if one of the parties fails to appear, whereas mere nonappearance is taken to be a sign of noncooperation which terminates conciliation. Peaceful means of procedures to settle resources disputes are available: direct negotiations, good offices, mediation, enquiry and conciliation, consultation, arbitration, and judicial settlement.