The dissertation is one of the first comprehensive studies of the institution of international fact-finding in the domestic doctrine of international law, used by states and international intergovernmental organizations as a mechanism for the peaceful settlement of international disputes between subjects of international law. The relevance of choosing a topic is due to the fact that the fact-finding procedure is one of the generally accepted means of peaceful settlement of international disputes, which has proved its effectiveness in cases where authorized subjects of international law have decided to use it. The fact-finding procedure is aimed at establishing the factual circumstances of a certain event, which gave rise to the contradictions between the relevant subjects. Despite the obvious importance of the institute of fact-finding in international law, the domestic doctrine lacks its comprehensive research at the level of monographs and dissertations, scientific articles that would take into account the modern practice of recourse to this procedure. The proposed study addresses this gap.
The dissertation traces the historical preconditions for the formation and development of the institute of international fact-finding. As a result of the progressive development of international law, the institute of international inquiry was formed on the cusp of the XIX and XX centuries and gained its international legal consolidation in the Hague Convention for the Pacific Settlement of International Disputes of 1899 for the first time. The history of the establishment of universal and regional fact-finding bodies by the states being the parties of the dispute based on issues of fact has been studied. The practice of appealing to the inquiry procedure within the international intergovernmental organizations, such as the League of Nations, the United Nations, the ILO, ICAO, the World Bank, the EU, etc. is considered.
The complex international legal characteristic of the institute of inquiry is given and the specific features inherent in the fact-finding procedure used in interstate relations and within the international intergovernmental organizations as a specific mechanism of the peace settlement process are revealed. The notion of establishing facts is given , the main international legal acts of universal and regional character which provide for recourse to this means of peaceful settlement of international disputes are defined, the grounds for appealing to the inquiry procedure and the subject of establishing facts are established. The distinction between the notions of "means" of peaceful settlement of disputes and "method" of its implementation is determined. It is concluded that the inquiry procedure as a mean of resolving disputes may be implemented in the framework of various international bodies with special competence. The order of creation of fact-finding bodies, their mandate and tasks, rules of procedure and results of activity of such bodies are investigated.
The dissertation analyzes the relationship between the fact-finding procedure and reconciliation. There is a well-founded thesis that in the framework of reconciliation the task of bringing the parties to an agreement significantly prevails over the task of establishing the facts, and the inquiry procedure is not a mandatory element of the reconciliation procedure at all.
The conditions for the establishment of international fact-finding bodies have been studied. Thus, in the context of the dissertation topic the preconditions for the formation of such bodies, categories of disputes in which the inquiry procedure may be used, subjects of international law that can initiate the appeal to the fact-finding procedure and subjects authorized to decide on the establishment of relevant bodies are defined. The characteristic of the process of formation of fact-finding bodies and appointment of persons who are members of them, including the requirements for candidates for members of such bodies, is given. Particular attention is paid to defining the mandate of international fact-finding bodies as a core element of their legal status.
