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|Ultima descărcare din IBN:|
| SM ISO690:2012|
BURIAN, Alexandru; GURIN, Corina. Negocierile internaţionale şi soluţionarea paşnică a diferendelor internaţionale. In: Revista Moldovenească de Drept Internaţional şi Relaţii Internaţionale. 2011, nr. 3, pp. 24-32. ISSN 1857-1999.
|Revista Moldovenească de Drept Internaţional şi Relaţii Internaţionale|
|Numărul 3 / 2011 / ISSN 1857-1999 /ISSNe 2345-1963|
Negotiations are the interaction of the parties related with the presence of two or more partners with diverse interests. A main objective of negotiations is consensus achievement. As a rule, negotiators insist on transformation of various interests to overall aims, updating of existing concepts, trying to raise a “bar” of requirements at the beginning of negation process.
Negotiations were always the best way of problems resolution. Diplomatic negotiations, on the basis of norms of international law, have proved themselves from the best part in the course of disputes resolution.
Advantages of negotiations are considerable: less cost and efforts and, possibility to enter into the agreement the coordinated points of view, creative vision of divergences in mutual relations between partners is authorized in long-term prospect, increase of an involvement and responsibility of partners, resources are distributed rationally, on the basis of the collective decision, friendly approach to process of negotiations, reduces the probability of occurrence of conflicts.
Negotiation is the way of harmony, a magic formula that transforms the conflict of interests into additional interests and provides success in business and steady cooperation between the states.
According to international law, states are obliged to resolve disputes among themselves by peace means, without subjecting threat to international peace and security. The conventional principles of international law concerning the peace resolution of the international disputes are obligatory and are provided in the Charter of the United Nations and other international acts.
In a more comprehensive sense the concept of dispute means disagreement, dispute between two or more states concerning the rights, claims or interest. Both in the sources of international law and in the doctrine, different terms are used: judicial proceedings, disputes, situation, conflict, crisis and etc. But the term “international dispute” is used more often and, basically, includes all other conditions.
In the course of historical development of the international community the means of peaceful settlement of disputes were developed depending on the concrete historical period and a parity of forces on international scene. Thus, some peace means of settlement of disputes are known since the most ancient times (good offices, intermediary etc.), others have appeared only in XIX th century (international investigation, arbitration), the third have been confirmed in second half of XX th century (international courts, commissions on reconciliation, international organizations).
In order to resolve international disputes, the parties can resort to three categories of peace means: 1) political and diplomatic (negotiations, good offices, intermediary, international investigation, reconciliation); 2) judicial (arbitration, international judicial instances); 3) international (universal organizations, regional organizations).