Article 33(1) of the United Nation’s Charter lists the different mechanisms for international dispute resolution. Do you think that according to this article, the mechanisms listed establish a hierarchy creating a substantive priority among them? Yes/No? Why?
Negotiation, mediation and conciliation are available in international dispute resolution only when there is no a rule of customary international law or an operative treaty provision to settle a dispute. Yes/No? Why?
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No, because the list of mechanisms available for international dispute resolutions is just illustrative and not all-embracing. If there were any hierarchy among these mechanisms, every procedure should have been explained thoroughly. There is no substantive priority among mechanisms listed in this article because states (parties in a dispute) can choose any of the listed procedures or any other peaceful means to settle a dispute....