ABSTRACT

The Vienna Convention on the Law of Treaties (1969) places considerable emphasis on the peaceful resolution of disputes. Article 65(3) provides for the peaceful settlement of disputes under the terms of Art 33 of the United Nations Charter (1945). In addition, Art 66 of the Vienna Convention provides that if any dispute arises under Art 53 or 64 then any one of the parties may submit the matter to the International Court of Justice, unless the matter is, by common consent, referred to arbitration. If the dispute concerns other matters arising under the Vienna Convention (1969), then Art 66(b) provides that any one of the parties may request the Secretary General of the United Nations to put in place the conciliation arrangements set out in the Annex to the Convention. It is now standard practice to insert a disputes clause into a multilateral convention providing a number of methods for the peaceful settlement of a dispute. As the United Nations Law of the Sea Convention (1982) indicates, the nature of the dispute will determine which method is appropriate; proceedings that require detailed examination of evidence are different to those where a question of treaty interpretation is in issue.