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1 - The Obligation of Peaceful Settlement of International Disputes

Status, Nature, Content, and Scope

from Part I - Recent Trends and Cross-Cutting Issues in International Dispute Settlement

Published online by Cambridge University Press:  14 December 2023

By
Daniel Franchini  and
Russell Buchan
Edited by
Russell Buchan ,
Daniel Franchini  and
Nicholas Tsagourias
Russell Buchan
Affiliation:
University of Reading
Daniel Franchini
Affiliation:
University of Sheffield
Nicholas Tsagourias
Affiliation:
University of Sheffield
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Summary

In this chapter, Daniel Franchini and Russell Buchan examine the status, nature, content, and scope of the obligation of peaceful dispute settlement. This chapter traces the emergence of this obligation under customary and conventional international law, analyses the conditions that trigger its engagement, and explores what measures disputants must take in order to discharge this obligation. This chapter maintains that the peaceful settlement obligation is an interstitial norm insofar as it influences the interpretation and application of other rules of international law relevant to the peaceful settlement of disputes.

Keywords

peaceful settlementdisputecountermeasuresUN lawcustomary lawinterstitial normsuse of forcepolitical dispute mechanismslegal dispute mechanismsinternational court of justice
Type
Chapter
Information
The Changing Character of International Dispute Settlement
Challenges and Prospects
 , pp. 15 - 44
Publisher: Cambridge University Press
Print publication year: 2023

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