ABSTRACT

Peaceful settlement of international disputes is now regarded a norm of customary international law. States have a duty to settle international disputes by peaceful means, inter alia through negotiation, enquiry, good offices, mediation, conciliation, arbitration and judicial settlement, or other peaceful means of their own choice. There are many dispute settlement forums for resolving interstate disputes. Depending on the nature of the disputes, dispute settlement mechanisms can be divided into three categories: judicial dispute settlement mechanisms such as the International Court of Justice (ICJ) and the International Tribunal for the Law of the Sea (ITLOS); arbitration forums such as the Permanent Court of Arbitration (PCA), the International Centre for Settlement of Investment Disputes (ICSID), the Appellate Body of the Dispute Settlement Body (DSB) of the World Trade Organisation (WTO); and international crimes tribunals such as the International Criminal Court (ICC). Apart from these dispute settlement mechanisms of global scope, there are regional courts and tribunals to settle disputes relating to human rights and trade, and also, ad hoc tribunals for prosecuting international crimes. In fact there has been a proliferation of international courts and tribunals due to the phenomenal rise of international disputes and states’ increasing willingness to resolve such disputes by peaceful means.