Negotiation: The Pillar of Dispute Settlement in Diplomacy

Abstract

We cannot conveniently discuss the issue of dispute settlement in international politics without exploring the concept of Negotiation. Negotiation is the most important function which is performed by the diplomatic agents (i.e. Ambassadors, Consular agents, Envoys etc). Generally, the head of the diplomatic mission negotiates on various aspects of, on behalf of the sending state with the state to which they are accredited in order to maintain friendly relationship or settle disputes. Diplomatic negotiations explore channels and discussions between parties to a conflict in order to resolve differences and prevent the outbreak of conflict. Negotiation between States is one of the conventional methods of dispute settlement. It basically involves two or more states who through their diplomatic channels (foreign offices) enter into negotiation. Art. 2(3) of the United Nations (UN) charter states that “all members shall settle their international disputes by peaceful means in such a manner that international peace and Security and justice are not endangered.” This paper examines the dynamics of negotiation and how it helps in resolving disputes amongst parties when they occur especially in international scene. The paper adopted doctrinal method where the relevant primary and Secondary Sources were used. It was found that negotiations as a conventional method of resolving international disputes, is effective as it provides the platform for states (big or small) to ventilate their feelings. Though it has been criticized for excessive publicity and power politics. It concluded that negotiation empowered parties themselves to steer the process and sharpen its outcome to deliver mutually acceptable settlement. It can either be through direct negotiation or institutional negotiations. It recommends that states should adopt the option of Alternative Dispute Resolution (ADR) first when dispute arises between them. States involved in dispute should submit themselves to the methods of negotiation or other forms such as enquiry, mediation, conciliation, arbitration as stipulated in Art. 33 of the United Nations Charter.