An Analysis of the Concept of Negotiation and Arbitration as Methods of Alternative Dispute Resolution in International Law

ABSTRACT

Disputes or disagreements are unarguably and necessarily an inevitable part of human existence, flowing directly from communication, inter-reaction and relationships. This can occur at individual and commercial levels, but even at the international level in view of the current globalisation trend, which poses some threat to international commercial transactions. Negotiation and arbitration are forms of alternative dispute resolution in international law. They are the main focus of this thesis and will be death with sufficient detail in this work. Other forms will receive mention in passing. The former is an informal and unstructured bargaining process between parties in an effort to reach an agreement. The concept of negotiation is as old as mankind itself. The latter also involves a formal process, unlike litigation. This study is Justified in that it attempts a fairly comprehensive analysis of the most popular forms of alternative dispute resolution in international law, including its pros and cons vis-à-vis the reason for its preference for litigation, including recommendations for improvement as a means to boosting international commerce, harmonious co-existence and international understanding both in the trans-border transaction and ultimately a peaceful world.

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An Analysis of the Concept of Negotiation and Arbitration as Methods of Alternative Dispute Resolution in International Law

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