KÜRESEL POLİTİK EKONOMİ

International disputes are disputes arising in the international arena and between international legal persons. The resolution of international disputes can be examined in two ways: Diplomatic (peaceful) and judicial method. The parties decide on the dispute resolution methods. It can be said that diplomatic solution methods are generally non-binding, but judicial solution methods are binding.

Diplomatic settlement methods are diplomatic negotiation, good offices, mediation, conciliation and research-investigation, which are also called peaceful solution methods, the methods of judicial settlement which are the Permanent Court of Arbitration, the International Court of Justice, the Court of Justice of the European Union and the World Trade Organization.

Therefore, the correct option is E.

In international law, negotiation is also carried out as diplomatic negotiation, and this method is one of the most frequently used settlement methods. A diplomatic negotiation is the discussion or examination of a dispute, a matter, an agreement to be made, or an attempt to take place, between two or more parties, verbally or in writing. Negotiations usually take place only with the participation of the parties. But with the approval of the parties, third parties may also join the meeting. Multilateral negotiations usually take place under the name of conference or congress. If there is no agreement or an acceptable tradition regarding the resolution of disputes between the parties, it is not possible to mention the necessity of reaching a conclusion. In other words, there is no obligation to reach a solution as a result of the meeting. Therefore, the correct option is D.

Mediation: The assistance of the international organization, the third state or a person in order to participate in the negotiations on the dispute resolution of the states that are parties to the dispute and to resolve the disputes.

In the good offices process, the parties have the right to reject the third party’s proposals if there is no agreement on the contrary. It can be said that the good offices is divided into two parts as the technical good offices that provides the necessary convenience and services for the meeting and the political good offices where approximation works are carried out to ensure the negotiations of the parties. The third party does not participate in the negotiations to be held between the parties, and with the start of the negotiations, the third party’s duty ends. Therefore, the correct option is C.

An example of the mediation method is the Annan Plan process in the Cyprus Negotiations. Kofi Annan, UN Secretary General in 2004, brought together the parties and facilitated negotiations as a mediator as the highest representative of the United Nations. As a result of the meetings attended by the mediator, a plan was prepared for the construction of a single state by eliminating the two-headed structure on the island. Therefore, the correct option is B.

Conciliation is a peaceful solution method in which states that are parties to the dispute create an independent commission and ask this commission to examine the issue and bring solutions to them. It can be accepted that the main objectives of the method of conciliation are to determine disputes, to reduce tension, to encourage the negotiations of the parties, and to establish communication between the parties. Therefore, the correct option is C.

The method of investigation in dispute resolution is applied because of the necessity of collecting and examining data by an impartial institution due to the presence of incidents requiring technical expertise as the facts do not emerge without examination and investigation in some disputes. The most recent example of the investigation is the establishment of the International Fact Finding Mission, established by the United Nations Human Rights Council on June 2, 2010, on the May 31, 2010 attack on the convoy that brought humanitarian aid to Gaza by the Israeli soldiers. Therefore, the correct option is A.

Arbitration: A solution method in which the resolution of the dispute is decided by the independent and impartial third person or persons called the arbitrator instead of the state court trial and the final decision is binding. Therefore, the correct option is A.

Persons who may be parties to the dispute before the court are two or more states, two or more international organizations, state and real or legal persons, international organizations and real or legal persons. It is not mandatory to be a party to the Hague Conventions of 1899 and 1907 in order to apply to the Permanent Court of Arbitration. The parties may add an arbitration clause to the pre-dispute agreement to resolve their disputes by the arbitrator method, or may make an arbitration agreement after the dispute occurs. The rules will be decided by the parties during the arbitration process. If the legal rules are not determined by the parties, arbitration proceedings will be made according to the international law. The language to be used in arbitration is determined by the parties. However, if no language determination has been made, the Permanent Court of Arbitration may select the language to be used. The adjudication process in arbitration is conducted in two stages:; written and oral. Therefore, the correct option is D.

The first stage of the WTO trial is negotiation. If no result is obtained from this stage, it is possible for the complainant state to request a panel for the settlement of the dispute. Members are selected among the persons in the secretariat by the member states, a panel is formed, and a trial is held. The party, who does not find the panel decision correct, can take this decision against the permanent appeal body within the WTO, and the authority examines the compliance of the relevant decision with the WTO legislation. In order for the approved decision to become binding, DSB must accept this decision and it is sufficient for only one member state to vote for acceptance. The member state that is decided against is obliged to fulfill the requirements of this decision or it may face serious sanctions such as suspension of the privileges provided by the WTO. Therefore, the correct option is E.

In Article 1 of the Treaty of the United Nations, which came into force in 1945, it has been determined that the goals of the United Nations are: “To maintain international peace and security, and to that end: to take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace, and to bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace”.

Diplomatic settlement methods that we can call non-judicial peaceful settlement methods are diplomatic negotiation, good offices, mediation, conciliation and research-investigation. The purpose of these methods is to enable the parties to come together to discuss and resolve their disputes and to find solutions.

In international law, negotiation is also carried out as diplomatic negotiation, and this method is one of the most frequently used settlement methods. A diplomatic negotiation is the discussion or examination of a dispute, a matter, an agreement to
be made, or an attempt to take place, between two or more parties, verbally or in writing.

The assistance of the international organization, the third state or a person in order to participate in the negotiations on the dispute resolution of the states that are parties to the dispute and to resolve the disputes.

Conciliation is a peaceful solution method in which states that are parties to the dispute create an independent commission and ask this commission to examine the issue and bring solutions to them.

The investigation is the activities carried out by the commission, commissioned to make objective determinations regarding the disputes between the states. During the investigation by the commission, the activities of listening to witnesses, visiting the place of dispute, and making necessary determinations are carried out.

The Permanent Court of Arbitration was established in 1900 and started to work in 1902. In 1907, the second Hague Convention for the Pacific Settlement of International Disputes Agreement was adopted.

The Permanent Court of Arbitration has three bodies: the Members of the Court, the International Bureau, and the Administrative Council.

Established due to the need for an independent and impartial tribunal for the resolution of disputes between states after the First World War as Permanent Court of International Justice, it is one of the main organs of the United Nations that replaced
this Court with the establishment of the United Nations after the Second World War.

The headquarters of the Court of Justice of the European Union is in Luxembourg. It
consists of two structures: the Court of Justice and the General Court established in 1988. The Civil Service Tribunal, which was established in 2004 within the structure of the Court of Justice of the European Union