Article XIV consists of six paragraphs. This Article sets forth the general mechanisms for the settlement of disputes between States Parties or between the States Parties and the Organization. Additional mechanisms for dealing with disputes are contained in Article IX (questions regarding compliance) and Articles VIII and XII (measures to redress a situation). Note that while the Executive Council and the Conference play an important role in dispute resolution, nothing in the Convention gives them the power to impose a resolution of a dispute.
Paragraph 1 of Article XIV requires that disputes that may arise concerning the application or the interpretation of the Convention be settled in accordance with the relevant provisions of the Convention and in conformity with the provisions of the Charter of the United Nations. Chapter VI and paragraph 3 of Article II of Chapter I of the UN Charter states that, inter alia, disputes shall be settled peacefully.
Paragraph 2 of Article XIV states that when a dispute arises between two or more States Parties, or between one or more States Parties and the Organization, relating to the interpretation or application of the Convention, the parties concerned shall consult together with a view to the expeditious settlement of the dispute by negotiation or by other peaceful means of the parties' choice, including recourse to appropriate organs of the Convention and, by mutual consent, referral to the International Court of Justice ("ICJ") in conformity with the Statute of the Court. This paragraph also states that the States Parties involved shall keep the Executive Council informed of the actions being taken.
The purpose of paragraph 2 of Article XIV is to establish the means by which States Parties and the Organization are to settle disputes over the interpretation or application of the Convention. The paragraph requires mandatory consultations but does not require referral to the International Court of Justice for settlement, unless both parties consent. Such settlement must be "in conformity with the Statute of the Court." Since paragraph 1 of Article 34 of the Statute of the International Court of Justice provides that only states may come before it with disputes, this means that only disputes between States Parties, not disputes between the Organization and States Parties, may be referred to the ICJ for resolution. Pursuant to paragraph 5 of Article XIV, however, the Executive Council and/or the Conference may request advisory opinions of the ICJ.
Paragraph 3 of Article XIV gives the Executive Council the power to intervene in a dispute. Specifically, this paragraph states that the Executive Council may contribute to the settlement of a dispute by whatever means it deems appropriate, including offering its good offices, calling upon the States Parties to a dispute to start the settlement process of their choice and recommending a time–limit for any agreed procedure.
Paragraph 4 of Article XIV requires the Conference to deal with disputes brought before it and gives the Conference the power to establish ad hoc bodies to aid it in resolving such disputes. Specifically, this paragraph requires the Conference to consider questions related to disputes raised by States Parties or brought to its attention by the Executive Council and, as it finds necessary, establish or entrust organs with tasks related to the settlement of these disputes in conformity with paragraph 21 (f) of Article VIII. (Paragraph 21 (f) of Article VIII provides that the Conference shall establish such subsidiary organs as it finds necessary for the exercise of its functions in accordance with the Convention.)
Paragraph 5 of Article XIV states that the Conference and the Executive Council are separately empowered, subject to authorization from the General Assembly of the United Nations, to request the International Court of Justice to give an advisory opinion on any legal question arising within the scope of the activities of the Organization. The paragraph further states that an agreement between the Organization and the United Nations shall be concluded for this purpose in accordance with paragraph 34(a) of Article VIII. (Paragraph 34(a) of Article VIII provides that the Executive Council shall conclude agreements or arrangements with States and international organizations on behalf of the Organization, subject to prior approval by the Conference.)
Paragraph 5 of Article XIV states that the Conference and the Executive Council are separately empowered, subject to authorization from the General Assembly of the United Nations, to request the International Court of Justice to give an advisory opinion on any legal question arising within the scope of the activities of the Organization. The paragraph further states that an agreement between the Organization and the United Nations shall be concluded for this purpose in accordance with paragraph 34 (a) of Article VIII. (Paragraph 34 (a) of Article VIII provides that the Executive Council shall conclude agreements or arrangements with States and international organizations on behalf of the Organization, subject to prior approval by the Conference.)
The purpose of paragraph 5 of Article XIV states is to provide both the Conference and the Executive Council with the power to request a non–binding advisory opinion by the International Court of Justice on any legal question concerning their activities or the activities of the Technical Secretariat. Although international organizations cannot be parties to a dispute before the ICJ, paragraph 1 of Article 65 of the ICJ's Statute provides that such organizations can request advisory opinions, if such requests are authorized by or in accordance with the UN Charter. Paragraph 2 of Article 96 of the UN charter provides that specialized agencies, which may at any time be so authorized by the General Assembly, may also request advisory opinions of the ICJ on legal questions arising within the scope of their activities.
The exact relationship between the Organization and the UN remains to be worked out in the Preparatory Commission and the Conference. However, for the Organization to exercise this provision, it would have to be a specialized agency at least for the purposes of paragraph 2 of Article 96 of the UN Charter. Note that to avoid the possible delay involved in seeking a UN General Assembly resolution for each request for an advisory opinion, paragraph 5 provides for an agreement with the United Nations granting a priori approval for such requests.
Paragraph 6 states that Article XIV is without prejudice to Article IX or to the provisions on measures to redress a situation and to ensure compliance, including sanctions. The purpose of this paragraph is to make clear that a State Party may not invoke the provisions of Article XIV as means of avoiding or delaying requests for clarification regarding compliance, including challenge inspections (Article IX) or requests to take measures to redress a situation (Article XII and paragraph 36 of Article VIII).