The Goods and Odds of State Parties in Dispute Settlement Processes

Publication Information

Journal Title: Journal of Legal Studies & Research
Author(s): Asanji Roland Ndikum
Published On: 31/08/2022
Volume: 8
Issue: 4
First Page: 190
Last Page: 216
ISSN: 2455-2437
Publisher: The Law Brigade Publisher

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Asanji Roland Ndikum, The Goods and Odds of State Parties in Dispute Settlement Processes, Volume 8 Issue 4, Journal of Legal Studies & Research, 190-216, Published on 31/08/2022, Available at https://jlsr.thelawbrigade.com/article/the-goods-and-odds-of-state-parties-in-dispute-settlement-processes/

Abstract

The present phase of interactions existing between sovereign states brings out the impression that the said interactions may lead to a positive end, same as it may lead to disputes thus necessitating settlement, making recourse to any amongst the existing settlement mechanism laid down in article 33(1) of the UN Charter. In every process of dispute settlement, the comportment of the various state parties is of paramount importance so as to guarantee a positive end. This article stands to make illustrations on the role of state parties, presenting an exposure on why some dispute settlement processes are successful while others end up in a fiasco. In such illustrations, analyses have been made drawing inspirations from specialized texts, articles and case law. Hence we thus arrived at the understanding that, the successes and failures registered in the dockets of courts and tribunals all depend on the conducts of state parties in disputes. To this respect, state parties are called upon to be sincere, honest, faithful and transparent in dispute settlement processes. On the other way round, the organs of judgment should be well constituted, setting out strategies against the ills of certain recalcitrant state parties, likewise the existing settlement mechanisms may be reformed and adapted to set up a hybrid settlement mechanism that may be more efficient when the existing settlement mechanisms of article 33(1) are proving to be less productive.

Keywords: Inter-State, Dispute, Settlement, Applicant, Respondent, Good Conduct, Arbitration, Adjudication

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