Some reflections on peaceful means for the settlement of interstate disputes with special reference to the 1997 convention on the law of the non-navigational uses of international watercourses

Under international law states have an obligation to settle their disputes by peaceful means. However, unless they have agreed otherwise, there is no obligation to resort to a specific mechanism. They may choose between diplomatic and judicial means. The diplomatic mechanisms include the giving of information and consultation as means to prevent disputes, and negotiations, good offices, mediation, inquiry and conciliation to settle disputes. What characterizes all the diplomatic means is the lack of binding effect to any conclusions, and the possibility to take into consideration all the relevant circumstances. On the other hand, courts and arbitral tribunals have to solve, in principle, the dispute only on the basis of law (though parties to an arbitration can agree on more flexible rules), and their conclusions are binding on the parties. These mechanisms are more adversarial than the diplomatic ones. The 1997 draft Convention on the Law of the Non-Navigational Uses of International Watercourses includes a reference to all the above-mentioned mechanisms, but states have to commit only to the giving of information and consultation, to negotiations, and to submission to a "fact finding" commission if the dispute has not been solved by other means. When choosing among the various mechanisms, it is advisable to take into consideration the nature of the dispute, the relations between the parties, and the special characteristics of water issues.