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Free «Evolution of dispute resolution in U S» Essay Sample

The US has made substantial contribution with respect to applying the mechanism of international arbitration in the process of peacefully settling disputes in a peaceful manner. These dates back to the period of "Amity Commerce Treaty in addition to Navigation with Britain also called the Jay's Treaty of 1794. The intention of the treaty was looking in to some of the issues that were not settled after the American Independence war. There were several clauses of arbitration of significance to the international law as well as practice development (Champion, Hartley & Rabe, 2007).

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Towards the end of 19th century, the US as well Great Britain took active role in arbitration targeting Bering Sea fur seals of 1893 among others. The greater part of the 1800's was associated the approach of the United States to international law under the influence of peace movements that advocated for international arbitration being an amicable mechanism of dispute  resolution to replace the use of armed force.

 
 
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There were positive achievements out of this development imitating the 1899 / 1907Hague Peace Conferences. However, there was a failure by the US in the participation of the most important stages of developing international arbitration (Higgins, 1994). This led to the adoption of a protocol that was responsible for the amendment of the PCIJ in 192, which was an institution that governed instruments in a way that was seen to respond to the US senate concerns to give permission to the accession of the United States.

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The last days of the 20th century were associated with the persistence of the US in rhetoric pledge to the adoption of international law as a potential mechanism of facilitating peaceful as well as stable world order.

 
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This period was marked the Cold war in addition to the US emergence as the superpower of the world.

 
 
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It is the duty of the legal systems to facilitate for the legal structures that help in the resolution of the majority of the disputes. It is however notable that most of the disputants are not in a position of coming to an agreement with the use of collaborative processes. There are certain types of disputes that require the application of a coercive power from a specific state so that a resolution can be enforced. There may be a need for the involvement of professional advocates in some disputes especially the ones of a legal right that is perceived, the legal wrongdoing or even legal action threat. There has always existed some important challenges in as far as the application of capital punishments are concerned and they need the consideration in the course of dispute resolution

As the cold war came to a stand still, the international institutions as well as the international law have gained a lot of importance. The establishment of intergovernmental organizations on national level gives very good evidence of significance attributed to rule of law towards the onset of new millennium. This is especially evidenced in the action of the reliance of the United States on the prior authorization of the UN Security Council prior to their initiations of actions of hostilities in the expulsion of Iraq out of Kuwait in the year 1991.

The interpretation of this by majority of the international lawyers was that it indicated a new enhancement of the international law statute as well as institutions (Champion, Hartley & Rabe, 2007).

 

This is also accompanied by the continued efforts of the United States being the only superpower that remains to identify the most applicable role for law of the nations foreign policy in response to cases such that one of Kosovo, whereby the intervention U.S. as well as NATO never received the go ahead from Security Council hence therefore was based on doubtful legal foundation (Higgins, 1994).

   

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