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11 - The Security Council and Impartiality in the Peaceful Settlement of Disputes

from Part II - Effectiveness, Authority, and Legitimacy of the Current System of International Dispute Settlement and Possible Reforms

Published online by Cambridge University Press:  14 December 2023

By
Nigel D. White
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, Nigel White assesses the contribution of the UN’s collective security system to the settlement of international disputes. This chapter tests the assumption that impartial law-based dispute settlement by the Security Council is neither achievable because of its political nature nor required by the UN Charter. This chapter analyses the provisions of the Charter and practice of the Security Council in the field of peaceful settlement, looking for evidence of impartiality in both inter-State and intra-State disputes and assessing the influence of peacekeeping mandated by the Council upon impartiality. This analysis shows that the concept of impartiality in peaceful settlement has largely disappeared and asks, in the conclusion, whether it is possible and desirable to (re)turn to impartiality.

Keywords

collective securityGeneral AssemblySecurity CouncilUnited Nationsimpartialitypolitical dispute mechanisms
Type
Chapter
Information
The Changing Character of International Dispute Settlement
Challenges and Prospects
 , pp. 317 - 343
Publisher: Cambridge University Press
Print publication year: 2023

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