THE EFFECTIVENESS OF INTERNATIONAL DISPUTE SETTLEMENT MECHANISMS IN INTERNATIONAL ORGANIZATIONS: THE GCC CRISIS AS A CASE STUDY

Abstract

Throughout history states have imposed unilateral measures on each other with little regard for the legitimacy of their actions. At times they fully violate international law and breach the conditions of treaties and agreements, knowing that there will be little, if any, consequence of their actions. Yet, despite the overriding principles of International Law and the numerous Dispute Settlement Mechanisms that are available, many states continue to be let down by the very institution they rely on to support them. There are several reasons as to why this occurs, but fundamentally this can be due to implementing the wrong dispute settlement mechanism. Although there is a real need to understand the mechanisms that are available, it is more relevant to measure and analyze just how effective they will be, if utilized. It is only through examining the DSM in the appropriate institution that states will put more trust in the systems that are in place to support them in bringing about a peaceful and effective resolution. This paper examines the effectiveness of dispute settlement mechanisms within varied International Organizations. The current Blockade that Qatar has found itself in by the Quadrat States, of Saudi-Arabia, United Arab Emirates, Kuwait and Egypt, will be used as a case study to determine the validity and effectiveness of the dispute settlement mechanisms within the institutions that have been employed to hear these cases. Through an investigation of Comparative Institutional Analysis alongside an analysis into some of the institutions that offer DSM; the International Court of Justice, the World Trade Organization, International Civil Aviation Organization, and the United Postal Union, a new scale of measurement will be introduced. This scale will enable one to accurately determine the effectiveness of the dispute settlement mechanisms in each of the International organizations through measuring the areas of; time, interim measures, ability to initiate negotiations between the concerned parties, and implementation of judicial decisions.

Date of Award	2020
Original language	American English
Awarding Institution	HBKU College of Law