Spory międzynarodowe i potrzeba nowego podejścia do ich załatwiania środkami pokojowymi
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Date
1972
Authors
Advisor
Editor
Journal Title
Journal ISSN
Volume Title
Publisher
Wydział Prawa i Administracji UAM
Title alternative
International Disputes and the Need of a New Approach of their Solution by Pacific Means
Abstract
Both the present theory of international conflicts and recent development
in international relations in the sphere of procedures and bases for pacific solution
of international disputes call for an urgent re-examination of a number of relevant
problems involved. There are three such problems the examination of which
is essential to meet the necessity of a new approach to international disputes and
their solution by pacific means.
First of all it seems to be of primary importance to propose a new and
more adequate systematization of international disputes using such criteria as
they appeared to have played in practice decisive role in the originating (sources)
of particular disputes their stages and possible mutations. The author proposes
five such criteria which give an opportunity to systematize all disputes and show
them in the light of variety of characteristic features. These criteria are as follows:
a) substance of the dispute (the subject matter may be territorial or personal),
b) persons meaning parties to a dispute (there may by bilateral or multilateral
disputes; disputes between states, states and an organization, or between organizations
etc.), c) the factor of time which may have and material significance or plays
a formal and procedural role, d) the factor of the locus in the meaning of the character
of circumstances (local, regional or universal) which bear upon sources of
a particular dispute, and e) the factor of forum which shows whether and under
what conditions a particular dispute may be discussed on the international plane or
falls within the exclusive national jurisdiction.
The visible decline of using existing devices and means of pacific solution
of international disputes as listed in the article 33 of the Charter tends to
expose the international peace to a real danger. There is therefore a further
need of thorough research of present practices spontaneously and often informally
developing. The author gives a number of such instances which together with some
other propositions may be used as a helpful indication by drafting new devices
and institutions of pacific solution of international disputes. Finally there is another problem which consists in an hypothesis that there
is an intimate relation between particular types of international disputes and
means best calculated to bring such disputes to an desirable end. In other words
the problem put forward by the author lies in an answer to the question whether
there may be found a guiding rule or set of rules which would facilitate the
proper choice of particular procedure best fiting in with requirements and nature
of a given dispute.
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Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016
Keywords
Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 34, 1972, z. 3, s. 51-68