KÜRESEL POLİTİK EKONOMİ - Deneme Sınavı - 2

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

Looking at the diplomatic negotiations held to date, the types of negotiation methods can be examined under four types. The first is the negotiations between the two states to establish diplomatic relations and to normalize the relations. The second is the negotiations that usually take place after wars, which regulate the changing of sovereignty and influence regions. The third is the negotiations to reveal new formations. Negotiations between Israel and Palestine are examples of this method. The fourth method of negotiation is the negotiations aimed at extending an agreement between the states.

Good Offices: The friendly service by a third state or international organization for the dispute parties to start negotiations and produce solutions for the purpose of dispute resolution.

Diplomatic Negotiation: The discussion or examination of a dispute between two or more parties, orally or in writing, at a conference or congress where only the parties participate.

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

Investigation: The activities carried out by an impartial and independent commission appointed with the aim of making objective determination regarding the disputes between the states parties

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.

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.

The International Court of Justice: 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.