Federal Republic of Germany-Union of Soviet Socialist Republics: Treaty on Good-Neighborliness, Partnership and Cooperation

1991 ◽  
Vol 30 (2) ◽  
pp. 504-514 ◽  
Keyword(s):  
List Type ◽  
Federal Republic Of Germany ◽  
Environmental Preservation ◽  
Territorial Integrity ◽  
Political Independence ◽  
Self Defense ◽  
Sovereign Equality ◽  
Peaceful Settlement ◽  
Territorial Claims ◽  
Settlement Of Disputes

Art. 1 [Guiding Principles] - I.L.M. Page 506 [Sovereign equality; territorial integrity; political independence; human rights; environmental preservation; non-interference; prevention of war; precedence of the rule of international law]Art. 2 [Territorial Integrity] - I.L.M. Page 507 [Neither State has any territorial claims against any other State]Art. 3 [Peaceful Settlement Of Disputes] - I.L.M. Page 507 [Non-use of the threat or use of force except for collective self-defense]

The Suez Canal Dispute: A Case Study in Peaceful Settlement

1967 ◽  
Vol 21 (1) ◽  
pp. 79-101 ◽  
Author(s):  
Robert O. Matthews
Keyword(s):  
Extended Period ◽  
Collective Responsibility ◽  
Peacekeeping Operations ◽  
The Past ◽  
Self Defense ◽  
Peaceful Settlement ◽  
United Nations System ◽  
Settlement Of Disputes ◽  
Nations System

If the United Nations system is to outlaw the unilateral use of force, except in cases of self-defense, it is clear that some provision must be made for the peaceful settlement of disputes and for peaceful change. In the past, peacekeeping operations have often succeeded in restoring a fragile peace. Yet collective actionall too frequently has been limited to a restoration of the status quo ante. Indeed, states have usuallyfailed to accept any collective responsibility to deal with the grievances that initially led to the outbreak of hostilities. If peace is to be maintained over any extended period of time, peacekeeping operations must not, asAmbassador Arthur J. Goldberg recently warned, “be a sofa to provide a comfortable respite from efforts atpeaceful settlement” but instead should “be a springboard for accelerated efforts to eliminate the root causes of conflict.”

Forceful Intervention for Protection of Human Rights in Africa

2020 ◽  
Author(s):  
Dan Kuwali
Keyword(s):  
Human Rights ◽  
International Law ◽  
Security Council ◽  
Military Intervention ◽  
Use Of Force ◽  
Territorial Integrity ◽  
Enforcement Action ◽  
Political Independence ◽  
Self Defense ◽  
Protection Of Human Rights

Article 2(4) of the Charter of the United Nations (UN) obliges States to refrain from the threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the purposes of the UN. The formulation of Article 2(4) of the UN Charter gives room to argue that military intervention for purposes of protecting human rights is not covered in the prohibition if it does not threaten the territorial integrity or political independence of a State, especially since promotion of human rights is one of the purposes of the UN under Article 1(3) of the Charter. However, the majority of commentators argue that the Charter prohibits any unilateral use of force and the travaux préparatoires leave no doubt that the terms ‘territorial integrity’ and ‘political independence’ were included not to qualify an absolute prohibition of the use of force but rather as intensifiers to emphasize the protection of States from acts of aggression. The purpose of inserting the phrase ‘or in any other manner inconsistent with’ in Article 2(4) was not to open the door to implicit exceptions from the rule but to make the prohibition watertight. Thus, Article 2(4) constitutes general prohibition of use of force in international law, subject only to the two exceptions outlined in the Charter: self-defense under Article 51 and chapter 7 enforcement action by the Security Council. Thus, except in self-defense, the use of force is the preserve of the Security Council. On this basis, any use of force to protect human rights in another State is subject to authorization of the Security Council.

General Assembly

1961 ◽  
Vol 15 (4) ◽  
pp. 637-651
Keyword(s):  
Security Council ◽  
Armed Conflict ◽  
Armed Forces ◽  
General Assembly ◽  
International Peace ◽  
Political Independence ◽  
Self Defense ◽  
Course Of Action ◽  
Peaceful Settlement ◽  
The Right

The third special session of the General Assembly, summoned by the Secretary-General to consider “the grave situation in Tunisia obtaining since 19 July 1961,” was held from August 21 through 25, 1961. In his opening statement to the Assembly the Tunisian delegate, Mongi Slim, outlined events leading up to the crisis of July 19 when as a normal exercise of its sovereignty the Tunisian government decided to prohibit formally flights over its territory by any French aircraft and announced that aircraft which violated this prohibition would be shot down. Shortly after the notification of this prohibition, French aircraft began to fly over the Bizerta region, and, disregarding the warning shots directed against them, launched an assault, in which paratroopers and warships later joined. Furthermore, Tunisia had complied with the interim resolution adopted by the Security Council on July 22 calling for a cease-fire and a withdrawal of all armed forces to their original positions, whereas France, in open defiance of the Security Council and of the Tunisian government, had availed itself of the Tunisian compliance by extending its perimeter of occupation and by strengthening its military potential. Mr. Slim called preposterous the French argument that its actions were in self-defense, stating that the peaceful demonstrations of the Tunisian people on Tunisian territory could not possibly have prejudiced the political independence and territorial integrity of France. Thus, since all of Tunisia's attempts to enter into negotiations with a view to the peaceful settlement of the armed conflict and the evacuation of the French base at Bizerta had been in vain, Tunisia's only course of action, other than to submit to brutal force, was to appeal to the United Nations. In closing, Mr. Slim emphasized that the problem before the Assembly had a two-fold aspect: 1) the right of Tunisia to call for the swift withdrawal of all French troops from her soil, which touched upon the Organization's responsibilities for the maintenance of international peace and security; and 2) the refusal of France to comply with the interim resolution of the Security Council. Thus, the question before the Assembly involved not only a conflict between France and Tunisia, but one between France and the UN as well.

United Nations Consideration by Committee VI (Legal) of principles of international law concerning friendly relations and co-operation among states in accordance with the Charter of the United Nations—Charter prohibitions concerning the threat or use of force, peaceful settlement of disputes, international law and non-intervention, and sovereign equality of states

1964 ◽  
Vol 58 (3) ◽  
pp. 752-778
Keyword(s):  
United Nations ◽  
International Law ◽  
General Counsel ◽  
Department Of Justice ◽  
Department Of State ◽  
Sovereign Equality ◽  
Peaceful Settlement ◽  
Legal Adviser ◽  
Settlement Of Disputes ◽  
United Nations Charter

The material for this section has been prepared by a committee consisting of HAROLD S. BURMAN, STANLEY L. COHEN, THOMAS T. F. HUANG, and SYLVIA E. NILSEN, under the chairmanship of RICHARD B. BILDER, all of the Office of the Legal Adviser, Department of State. Mr. ALFRED P. RUBIN, of the Office of the General Counsel, Department of Defense, and Mr. BRUNO A. RISTAU, of the Department of Justice, have provided the committee with relevant material originating in those two agencies.

International Law

2021 ◽  
Author(s):  
Anders Henriksen
Keyword(s):  
International Law ◽  
Environmental Law ◽  
International Criminal Law ◽  
Legal Personality ◽  
State Immunity ◽  
Peaceful Settlement ◽  
International Economic Law ◽  
History Of ◽  
History Of International Law ◽  
Settlement Of Disputes

International Law provides comprehensive and concise coverage of the central issues in public international law. The text takes a critical perspective on various aspects of international law, introducing the controversies and areas of debate without assuming prior knowledge of the topics discussed. Supporting learning features, including central issues boxes, chapter summaries, recommended reading and discussion questions, highlight the essential points. Topics covered include the history of international law, legal sources, the law of treaties, legal personality, jurisdiction and state immunity. The text also looks at the international law of the sea, human rights law, international environmental law, international economic law, the peaceful settlement of disputes, the use of force, the laws of armed conflict and international criminal law.

scholarly journals International Law and dispute settlement mechanism

2016 ◽  
Vol 17 ◽  
Author(s):  
Carlos Ricardo Caichiolo
Keyword(s):  
International Law ◽  
21St Century ◽  
International Conflict ◽  
Dispute Settlement ◽  
Third Party ◽  
Dispute Settlement Mechanism ◽  
Peaceful Settlement ◽  
Feasible Solutions ◽  
Settlement Of Disputes ◽  
Settlement Mechanism

The DSM, or Dispute Settlement Mechanism, in the absence of a judicial body, is the closest representation of a supreme court or judicial institution in a regional bloc or other international organisation. The search for a peaceful settlement of disputes in the international arena had led to the development of the DSM during the 20th and into the 21st century. The DSM acts as an impartial third party, wherein it intervenes in any international conflict to offer feasible solutions for both sides.O MSC, ou Mecanismo de Solução de Controvérsias, na ausência de um órgão judicial, é a representação mais próxima de uma Corte Suprema ou de instituição judiciária em um bloco regionl ou em organização internacional diversa. A busca por um meio pacífico de solução de disputas no meio internacional levou à criação do MSC ao longo dos séculos XX e XXI. O MSC age como um terceiro imparcial, na medida em que ele intervém em conflitos internacionais com o intuito de ofertar soluções possíveis para as partes envolvidas.

International Law Concentrate

2021 ◽  
Author(s):  
Ilias Bantekas ◽  
Efthymios Papastavridis
Keyword(s):  
International Law ◽  
International System ◽  
Comprehensive Overview ◽  
Essential Information ◽  
Peaceful Settlement ◽  
Questions And Answers ◽  
The Law ◽  
Settlement Of Disputes ◽  
The Relationship ◽  
Domestic Law

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. International Law Concentrate provides a comprehensive overview of international law and includes key information, key cases, revision tips, and exam questions and answers. Topics covered include the nature of international law and the international system, sources of international law, and the law of treaties. The book also looks at the relationship between international and domestic law. It considers personality, statehood, and recognition, as well as sovereignty, jurisdiction, immunity, and the law of the sea. The book describes state responsibility and looks at peaceful settlement of disputes. Finally, it looks at the use of force and human rights.

Sign in / Sign up

Export Citation Format

Share Document