A Comparative Study On Peaceful Solutions To International Disputes Through Either Political Way Or Judicial Settlement

The main factors that cause contemporary international disputes contain hegemonism and power politics,the dispute of territory,boundary and ocean,fights of resource,the depravation of ecosystem environment etc...The main settlements that solve these disputes peacefully contains diplomatic settlement and legal settlement(including arbitration system).Each settlement has its own advantage and also has its own defect from being born.The diplomatic settlement has no strict program standard.It is flexible,direct,lower cost and can also solve dispute in time. But as a main method that solves international dispute,what it reflects is a contrast for the realistic strength of international politics.Result is not definitely fair.When the peaceful diplomatic settlement is applied to solve the dispute.Mostly the benefit of big and strong country is maintained and guaranteed first.The benefit of small and weak country is usually neglected,even sacrificed.Like negotiation between nations is just like a gambling opera to the public.The small country has no comment surely when she would bear with an unfair result.But when the result of negotiation lacks of equity obviously,and small country would not like to bear either.It should let her look for judical settlement.But it happens at times when there is no jurisdiction in Court.Because the Court does not get the consent of the country,or the country with reservation.Therefore the court has no jurisdiction to judge substantially.Then the dispute still can not be solved.Because the International Court of Justice does not have general jurisdiction.As far as the above mentioned is concerned,the sovereignty would be involved.The point of sovereignty transference is still a major difficulty in the International Relations,.But in order to solve international dispute and maintain international order.It seems to be considered that authorizes the International Court of Justice with general jurisdiction.In order to solve the contemporary international dispute more effective and fair than before.It is important to link the advantage of diplomatic settlement and legal settlement first.In my opinion,the Charter of the UN should authorize the International Court of Justice with "Non-Optional compulsoryJurisdiction" when the result is unfair obviously or the dispute can not be or hard to be solved by diplomatic settlement.Thus,world peace might come true gradually.