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Is there an obligation to peacefully settle international disputes in publicinternational law? Support your argument by relevant authorities

Question

Is there an obligation to peacefully settle international disputes in public international law? Support your argument by relevant authorities.

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Solution

Yes, there is an obligation to peacefully settle international disputes in public international law. This obligation is enshrined in several international legal instruments and is a fundamental principle of international law.

  1. The United Nations Charter: The most significant authority on this issue is the United Nations Charter. Article 2(3) of the UN Charter obliges all member states to settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered.

  2. The International Court of Justice (ICJ): The ICJ, as the principal judicial organ of the United Nations, plays a crucial role in the peaceful settlement of disputes. The ICJ's Statute, which is an integral part of the UN Charter, provides in Article 33 a list of methods for the peaceful settlement of disputes, including negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice.

  3. The General Assembly and Security Council Resolutions: Both the General Assembly and Security Council have passed numerous resolutions emphasizing the obligation of states to settle their disputes peacefully. For example, the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations, adopted by the General Assembly in 1970, reaffirms this obligation.

  4. Customary International Law: The obligation to settle disputes peacefully is also considered a norm of customary international law, which means it is binding on all states, regardless of whether they are parties to the UN Charter. This was affirmed by the ICJ in the North Sea Continental Shelf cases, where the court stated that the fundamental principle of the peaceful settlement of disputes is a cornerstone of the UN Charter and a rule of customary international law.

In conclusion, the obligation to peacefully settle international disputes is a well-established principle of public international law, supported by numerous authorities.

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