International Law Review

International Law Review

The Involvement of the United Nations System in Promulgation of International Arbitrations among Its Member States

Document Type : academic

Authors
Abbas Ali Kadkhodaei Elyaderani 1
Alireza Ranjbar 2
1 Professor, Department of Public Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran
2 PhD. Student of Public International Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran
10.22066/cilamag.2023.706438
Abstract
Arbitration, as a method of pacific settlement of disputes, is mentioned in Article 33 of the Charter of the United Nations, by which parties to any dispute endeavor to find a solution to eliminate their conflict. Yet, article 33 does not include other forms of arbitrations that the United Nations System deals with. International arbitrations are generally referred to as interstate arbitration, international commercial arbitration, and international investment arbitration. Although these arbitration-based methods of international dispute settlement are different, they all observe the same goal: the settlement of disputes by peaceful means and preventing the parties from resorting to adverse behavior. Due to their common goal, it calls the role of the United Nations in promulgating international arbitrations among its member States into question: Has the UN had any bold involvement in promoting and strengthening international arbitrations in the abovementioned fields? It seems that the influence of the UN on interstate arbitration is undeniable because of its main goal and principles; however, this article depicts that the UN policy regarding international arbitrations adheres to the forming and developing international commercial arbitration and international investment arbitration rather than inter-state arbitration. The UN also plays a mediocre role in developing thematic-oriented international arbitrations.
Keywords
Thematic Arbitration
Arbitration Institutions
International Dispute Settlement
Inter-State Arbitration
International Commercial Arbitration
International Investment Arbitration
UN Specialized Agencies

Subjects

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  • Receive Date 11 November 2022
  • Revise Date 30 May 2023
  • Accept Date 11 July 2023