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IGNOU MPSE 006 Solved Assignment 2022-23
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Submission Date :
- 31st March 2033 (if enrolled in the July 2033 Session)
- 30th Sept, 2033 (if enrolled in the January 2033 session).
: Answer any five questions in about 500 words each. Attempt at least two questions from each section. Each question carries 20 marks.
Section-A
1. Describe the modes of peaceful settlement of disputes under the UN system.
The peaceful resolution of international disputes constitutes a continuous, uninterrupted process based on international law, in which states participate as equal entities in rights. Forced to prevent the occurrence of any international situation or dispute, states have the duty, according to the 1982 Declaration, to resort only to peaceful means of settlement for disputes between them, having the right to freely decide and choose, on the basis of their joint agreement, those peaceful means that are considered convenient, timely and appropriate for a peaceful settlement.
The universality of this obligation in contemporary international law has contributed, together with the principle of non-return to force, to essential changes in the content and purpose of this right, in the sense of accentuating and amplifying its function to promote and maintain international peace and security.
Introduction
Disputes are inextricably linked to international relations. Increasingly these disputes are no longer just primarily between states but also between states and other parties like international organizations and other non-state actors, and between these actors mutually. In this context the Charter of the United Nations (UN) plays a major role, in particular, regarding disputes between states. Article 2(3) of the UN Charter states that all Member States have to settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered. This view was again confirmed in 1982 in a resolution (Res. 37/10) of the UN General Assembly, the so-called Manila Declaration on the Peaceful Settlement of International Disputes.
As the UN Charter does not prescribe in which way or by what means disputes need to be resolved, the parties are free to choose their dispute settlement mechanism. In the framework of international peace and security Article 33 of the UN Charter provides a number of alternatives to choose from in resolving disputes, e.g., negotiation, enquiry, mediation, conciliation, arbitration, and judicial settlement. Notwithstanding the free choice of means the Manila Declaration underlines the legal obligation of parties to find a peaceful solution to their dispute and refrain from action that might aggravate the situation.
Monographs and Collected Volumes
A considerable number of monographs and collected volumes are devoted to the analysis of peaceful settlement of international disputes. Tanaka 2018 offers a general overview of peace settlement under contemporary international law. Boisson de Chazournes, et al. 2012 provides an analysis of the interaction between diplomatic and judicial means in selected areas, such as international trade law or human rights, among others. In particular, see chapter 14 on the relationship between diplomatic and judicial means of dispute settlement. Merrills 2005 is a book that can be used as a manual on dispute settlement. This text offers a broad survey of international dispute settlement, combining theory with references to more than one hundred cases and agreements. Chapter 18 in Remiro Brotóns, et al. 2007 offers an overview of the methods for peaceful settlement, focusing on the principles of free choice of means and the duty to solve conflicts peacefully. Dahlitz 1999 is a collected volume in which chapter 3 on the difficulties of diplomacy is of particular interest. O’Connell 2003 offers a collection of pivotal essays in the field that had already been published in other volumes or scientific journals. Collier and Lowe 1999 provides a broad survey of the field, with more attention given to the analysis of binding dispute settlement. The authors examine not only interstate disputes but also disputes in which private parties are involved. Caflish 2002, a course at the Hague International Law Academy, presents an insightful survey of peaceful settlement of differences between states in the last century. Oellers-Frahm and Zimmermann 2001 is a text that can be used as a solid basis for any course on international dispute resolution. And last but not least, the UN Handbook on the Peaceful Settlement of Disputes between States (United Nations 1992), although based on a limited concept of dispute, is still a must for anyone who wants to approach this field.
In the Mavromattes case, the PCLJ defined a dispute as a disagreement on a point of law or fact, a conflict of legal views or interests between two persons (Bilder, 1986, P.3). In its advisory opinion on the interpretation of peace treaties between Bulgaria, Hungary and Roman in which two sides held clearly opposite views concerning the questions of performance or non-performance of certain treaty obligations (Schreuer, 2008, P.2). Merrills (1998, as cited in Builder, 1986) makes the definitions clearer and more specific.
According to him, a dispute may be defined as specific disagreement concerning a matter of fact, a law or policy in which a claim refusal, counter claim or denial by another. Schreuer (2008) notes that the existence of a dispute pre-supposes a certain degree of communication between the parties. The matter must have been taken up with the other party which must have opposed the claimant’s position, if only indirectly.
An international dispute can be said to exist whenever such a disagreement involves governments, institutions, jurist person or corporations or private individuals in different parts of the world., More specifically today’s definition of an international dispute is that of a dispute in which at least one party is a state or an international organization, the other(s) being another state, an international organization, a natural or a legal person from a different state.
2. What is insurgency? What are its major forms?
An insurgency is a violent, armed rebellion against authority waged by small, lightly armed bands who practice guerrilla warfare from primarily rural base areas. The key descriptive feature of insurgency is its asymmetric nature: small irregular forces face a large, well-equipped, regular military force state adversary.[4] Due to this asymmetry, insurgents avoid large-scale direct battles, opting instead to blend in with the civilian population (mainly in the countryside) where they gradually expand territorial control and military forces.[4] Insurgency frequently hinges on control of and collaboration with local populations.
An insurgency can be fought via counter-insurgency warfare, as well as other political, economic and social actions of various kinds. Due to the blending of insurgents with the civilian population, insurgencies tend to involve considerable violence against civilians (by the state and the insurgents). State attempts to quell insurgencies frequently lead to the infliction of indiscriminate violence, whereas rebel control of territory frequently involves violence against the civilian population.
Where a revolt takes the form of armed rebellion, it may not be viewed as an insurgency if a state of belligerency exists between one or more sovereign states and rebel forces. For example, during the American Civil War, the Confederate States of America was not recognized as a sovereign state, but it was recognized as a belligerent power, and thus Confederate warships were given the same rights as United States warships in foreign ports.
Sometimes there may be one or more simultaneous insurgencies (multipolar) occurring in a country. The Iraq insurgency is one example of a recognized government[a] versus multiple groups of insurgents. Other historic insurgencies, such as the Russian Civil War, have been multipolar rather than a straightforward model made up of two sides. During the Angolan Civil War there were two main sides: MPLA and UNITA. At the same time, there was another separatist movement for the independence of the Cabinda region headed up by FLEC. Multipolarity extends the definition of insurgency to situations where there is no recognized authority, as in the Somali Civil War, especially the period from 1998 to 2006, where it broke into quasi-autonomous smaller states, fighting among one another in changing alliances.
An insurgency is a violent, armed rebellion against authority waged by small, lightly armed bands who practice guerrilla warfare from primarily rural base areas.[1][2][3] The key descriptive feature of insurgency is its asymmetric nature: small irregular forces face a large, well-equipped, regular military force state adversary.[4] Due to this asymmetry, insurgents avoid large-scale direct battles, opting instead to blend in with the civilian population (mainly in the countryside) where they gradually expand territorial control and military forces.[4] Insurgency frequently hinges on control of and collaboration with local populations.
An insurgency can be fought via counter-insurgency warfare, as well as other political, economic and social actions of various kinds.[6] Due to the blending of insurgents with the civilian population, insurgencies tend to involve considerable violence against civilians (by the state and the insurgents).[4] State attempts to quell insurgencies frequently lead to the infliction of indiscriminate violence, whereas rebel control of territory frequently involves violence against the civilian population.
Where a revolt takes the form of armed rebellion, it may not be viewed as an insurgency if a state of belligerency exists between one or more sovereign states and rebel forces. For example, during the American Civil War, the Confederate States of America was not recognized as a sovereign state, but it was recognized as a belligerent power, and thus Confederate warships were given the same rights as United States warships in foreign ports.
Sometimes there may be one or more simultaneous insurgencies (multipolar) occurring in a country. The Iraq insurgency is one example of a recognized government[a] versus multiple groups of insurgents. Other historic insurgencies, such as the Russian Civil War, have been multipolar rather than a straightforward model made up of two sides. During the Angolan Civil War there were two main sides: MPLA and UNITA. At the same time, there was another separatist movement for the independence of the Cabinda region headed up by FLEC. Multipolarity extends the definition of insurgency to situations where there is no recognized authority, as in the Somali Civil War, especially the period from 1998 to 2006, where it broke into quasi-autonomous smaller states, fighting among one another in changing alliances.
3. Trace the evolution of peace movement across world.
A peace movement is a social movement which seeks to achieve ideals, such as the ending of a particular war (or wars) or minimizing inter-human violence in a particular place or situation. They are often linked to the goal of achieving world peace. Some of the methods used to achieve these goals include advocacy of pacifism, nonviolent resistance, diplomacy, boycotts, peace camps, ethical consumerism, supporting anti-war political candidates, supporting legislation to remove profits from government contracts to the military–industrial complex, banning guns, creating tools for open government and transparency, direct democracy, supporting whistleblowers who expose war crimes or conspiracies to create wars, demonstrations, and political lobbying. The political cooperative is an example of an organization which seeks to merge all peace-movement and green organizations; they may have diverse goals, but have the common ideal of peace and humane sustainability. A concern of some peace activists is the challenge of attaining peace when those against peace often use violence as their means of communication and empowerment.
A global affiliation of activists and political interests viewed as having a shared purpose and constituting a single movement has been called “the peace movement,” or an all-encompassing “anti-war movement”. Seen from this perspective, they are often indistinguishable and constitute a loose, responsive, event-driven collaboration between groups motivated by humanism, environmentalism, veganism, anti-racism, feminism, decentralization, hospitality, ideology, theology, and faith.
Peace movements around the world have experienced cycles of mobilization. Associated with these cycles have been fluctuations in the amount of attention peace movements devote toward negative peace versus positive peace. During times of international tensions and war, peace movements tend to grow. Not surprisingly, wartime yields a disproportionate focus on the task at hand—stopping organized violent responses of the rival nations toward one another. Yet even during wars, some wings of a peace movement’s focus extend beyond ending the current hostilities toward building more permanent amicable relations among societies.
Cycles of Peace Movements
Peace movements around the world have experienced cycles of mobilization. Associated with these cycles have been fluctuations in the amount of attention peace movements devote toward negative peace versus positive peace. During times of international tensions and war, peace movements tend to grow. Not surprisingly, wartime yields a disproportionate focus on the task at hand – stopping organized violent responses of the rival nations toward one another. Yet even during wars, some wings of a peace movement’s focus extend beyond ending the current hostilities toward building more permanent amicable relations among societies.
Regardless of their focus, wartime peace activists are often vulnerable to accusations on the home-front that, at the very least, they are undermining the war effort by lowering the morale of their nation’s soldiers. Sometimes peace activists are accused of aiding and abetting the ‘enemy’. Hence, during popular wars the number of regular participants in peace movements may decrease as the amount of peace movement activities paradoxically increases.
Once a war ends, peace activism tends to shift toward prevention. With the horrors of war fresh on people’s minds, peace activists advocating working toward positive peace are briefly granted greater legitimacy. However, even during ‘peacetime’, many peace movements tend to concentrate on the weapons of destruction rather than on the political and economic arrangements that are conducive to war. Whether their goal is terminating a weapon system (negative peace) or eliminating the causes of war (positive peace), opponents often accuse peacetime activists of being idealists, well-meaning but naive.
4. Make a critical assessment of the Biological and Toxic Weapons Convention (BTWC).
5. Describe various causes of intra-societal conflict.
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Section-B
Write a short note on each part of the following questions in about 250 words.
6. a) Concept of limited war
b) Realist view of war
7. a) Distinguish between peacekeeping, peacemaking and peace building.
b) India -Pakistan Confidence Building Measures
8. a) Feminist approach to peace
b) Core features of Gandhian approach to peace
9. a) Nuclear Non-proliferation Treaty
b) Role of regional organizations in conflict prevention and resolution
10. a) Challenges of human security
b) Confidence Building Measures between India and China
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