The Role of Mediation and Diplomatic Negotiations in the Settlement of International Disputes from the Perspective of Sharia and International Law

Abstract

This research tackles a key topic in international relations: the peaceful resolution of disputes between states through methods like negotiations and mediation. It addresses one of the field’s most pressing issues. Despite efforts by scholars and thinkers in international relations to develop tools that safeguard global stability and security while curbing wars between nations, this goal remains elusive and unrealized. The core problem thus centers on the effectiveness of these peaceful means in settling international conflicts and maintaining world peace and security - especially since they often prove slow and hindered by obstacles stemming from the unwillingness of conflicting parties to seek resolution. This has left the international community unable to prevent wars or fully secure peace and security. Researchers employed a descriptive-analytical method alongside a historical approach to achieve the study’s objectives: clarifying the concept and analyzing the efficacy of peaceful dispute resolution mechanisms, and examining the barriers that impede them under Islamic Sharia and international law. The findings indicate that these peaceful methods in international law hold positive efficacy and deserve credit for averting numerous wars and defusing tensions. Yet, significant hurdles sometimes render them ineffective and incapable of producing viable solutions to crises. Among these is the dominance of major powers within the United Nations, which oversees global states. International legal doctrine has largely overlooked the advancements contributed by Islam and Muslims in this area, as detailed in this study.