Traditional Culture Encyclopedia - Traditional festivals - There is a way to solve international disputes.
There is a way to solve international disputes.
(1) Coercive means: Coercive means are unilateral acts taken by one country to make another country agree to settle disputes as it wishes, such as counter-report, retaliation, blockade and interference in peacetime. Some early western international law scholars also listed the methods of war and non-war force as compulsory methods.
(2) Non-mandatory method: it is a method of peaceful settlement of international disputes. The Charter of the United Nations clearly stipulates that all non-peaceful means, such as the use or threat of force in violation of the Charter, are prohibited, which not only makes the war methods recognized by traditional international law illegal, but also denies the legal status of all illegal non-peaceful means, thus establishing new principles for the international law system of peaceful settlement of international disputes.
1. negotiation and consultation: negotiation refers to a political method in which two or more subjects of international law negotiate and reach an agreement on their disputes in order to resolve disputes. In international practice, a large number of international disputes are settled through diplomatic negotiations. The biggest feature of this negotiation mode is that the parties to the conflict are in direct contact, and their independent wishes are fully respected, so that the whole process of negotiation can be grasped from beginning to end, thus avoiding the adverse effects brought by the intervention of other countries, and it is the most normal and basic method to solve international disputes. Negotiation is a way similar to negotiation, but different.
The characteristics of the negotiation are as follows: (1) The members of the negotiation can be expanded to allow some neutral countries to participate, which is not restricted by both sides; (2) The voting procedure, resolution form and rules of procedure of the meeting shall be determined according to the principle of consensus; (3) The negotiation is direct, flexible, relaxed, harmonious and friendly, which can better reflect the spirit of reconciliation.
2. Good offices and mediation: Good offices and mediation are methods used by third parties to help the parties resolve disputes. Generally, it is a political solution when the countries concerned are unwilling to negotiate directly or cannot resolve the dispute after negotiation. Mediation refers to the activities taken by the third party at the request or initiative of the parties to promote the direct negotiation and settlement of disputes between the two parties. The mediating country may put forward suggestions or convey the suggestions of the parties concerned, but it does not participate in the negotiations between the two sides. Mediation means that a third party, at the request of the parties or with the consent of both parties, as a mediator, puts forward substantive suggestions as the basis of negotiations, and organizes and directly participates in the negotiations between the parties. The main difference between mediation and mediation lies in whether the third party participates in the negotiation. The characteristic of mediation is that the mediator only conducts activities that are conducive to direct negotiations between the two parties to the dispute, and does not participate in the negotiations or make suggestions on the contents of the negotiations; The characteristic of mediation is that the mediator not only assists the negotiation, but also directly participates in the negotiation, organizes the negotiation, puts forward the solution, and even demands to abide by the final solution. Mediation is similar to mediation in that the opinions put forward by the mediator or mediator are only suggestions or advice, which are not legally mandatory and the parties retain complete freedom. Regardless of the success or failure of mediation or mediation, the task of the third party will be terminated and it will not bear any legal responsibility. Good offices and mediation can be conducted by countries, groups of countries, international organizations and individuals.
3. Investigation and mediation: investigation, that is, international investigation. In international disputes, because the basic facts are unclear, both parties to the dispute cannot reach a unified understanding. Usually, the two parties to a dispute set up an international committee by agreement to investigate and report the facts of the dispute and let the parties settle the dispute themselves. There are two types of investigation committees: permanent and ad hoc, both of which are composed of five members. Except for each party 1 member, the other three members are appointed by citizens of third countries through mutual agreement. The report submitted by the investigation Committee is limited to ascertaining the facts and is not legally binding. The parties concerned decide the validity of the survey results. Mediation is a further method to solve disputes than investigation. The method of mediation is to submit the dispute to an international committee to find out the facts, submit an investigation report, put forward a solution and make a mediation plan to promote the settlement of the dispute. The mediation committee may make substantive deliberations on the dispute itself and make suggestions, but it is not legally binding and the parties have no obligation to accept it.
legal ground
People's Republic of China (PRC) Civil Procedure Law
Article 21 A civil action brought against a citizen shall be under the jurisdiction of the people's court of the defendant's domicile; If the defendant's domicile is inconsistent with his habitual residence, it shall be under the jurisdiction of the people's court of habitual residence.
A civil lawsuit brought against a legal person or other organization shall be under the jurisdiction of the people's court where the defendant is domiciled.
If the domicile and habitual residence of several defendants in the same lawsuit are under the jurisdiction of two or more people's courts, they shall be under the jurisdiction of each people's court.
Article 22 The following civil actions shall be under the jurisdiction of the people's court of the plaintiff's domicile: if the plaintiff's domicile is inconsistent with his habitual residence, it shall be under the jurisdiction of the people's court of his habitual residence:
(a) the identity litigation filed against people who do not live in the territory of People's Republic of China (PRC);
(2) an identity relationship lawsuit filed against a person whose whereabouts are unknown or who is declared missing;
(3) A lawsuit against the person who has taken compulsory education measures;
(4) Proceedings against prisoners.
Article 23 A lawsuit arising from a contract dispute shall be under the jurisdiction of the people's court in the place where the defendant has his domicile or where the contract is performed.
Article 24 A lawsuit arising from an insurance contract dispute shall be under the jurisdiction of the people's court where the defendant has his domicile or where the subject matter insured is located.
Article 25 A lawsuit brought over a bill dispute shall be under the jurisdiction of the people's court in the place where the bill is paid or where the defendant has his domicile.
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