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Promoting Peace Through International Law$
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Cecilia Marcela Bailliet and Kjetil Mujezinovic Larsen

Print publication date: 2015

Print ISBN-13: 9780198722731

Published to Oxford Scholarship Online: April 2015

DOI: 10.1093/acprof:oso/9780198722731.001.0001

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The Good Faith Obligation to Maintain International Peace and Security and the Pacific Settlement of Disputes

The Good Faith Obligation to Maintain International Peace and Security and the Pacific Settlement of Disputes

Chapter:
(p.66) 4 The Good Faith Obligation to Maintain International Peace and Security and the Pacific Settlement of Disputes
Source:
Promoting Peace Through International Law
Author(s):

Simon O’Connor

Cecilia M. Bailliet

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198722731.003.0004

This chapter addresses the character of the obligations in the UN Charter regarding the maintenance of international peace and security as articulated in Articles 1(1) and 2(3) and Chapters VI and VIII. It addresses the sequential nature of the Charter to emphasize the good faith obligations, first and foremost, to resolve disputes peacefully and prevent their escalation, and considers the role promises play in this regard. The chapter presents the framework of UN bodies, including the Security Council, General Assembly, and office of the Secretary-General and their practice in implementing these obligations. Additionally, it underscores the importance of recourse to these forums in pursuing negotiations between states and non-state actors. Finally, it delineates the role of regional mechanisms in enabling states to fulfil their duty of pacific settlement. It concludes by examining whether future implementation should be strengthened within existing UN and regional institutions addressing the pacific settlement of disputes.

Keywords:   good faith, promises, maintenance of peace, pacific settlement of disputes, UN bodies, regional mechanisms

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