Peaceful Settlement of Disputes

Chapter VI

Pacific Settlement of Disputes

• mechanisms to support states to resolve differences without the resort to force or any other coercive measures

• precedes Chapter VII and thus considered as means to avoid international armed conflict

  • Chapter VI and VII can be combined, but SC can immediately resort to Chapter VII without peaceful settlement

    -> only requirement: SC must situation based on Article 39

• trade, diplomatic, territorial disputes

  -> those that have the potential to threaten international peace and security

  • can have a trade dimension, but economic inter-state disputes resolved by other bodies, incl. WTO

  • often concerns territorial disputes (mostly maritime) or diplomatic

• bodies involved: UNGA, Secretary-General, Security Council, ICJ

• means mostly diplomatic or judicial

Secretary-General

• leads negotiations incl. good offices

  -> good offices: steps taken publicly and in private, drawing upon their independence, impartiality and integrity, to prevent international disputes from arising, escalating or spreading

UN General Assembly

• engages in political processes

  • request opinions of ICJ, organize meetings, referral to groups of friends or contact groups

• cannot adopt operative measures while UNSC is active

  • Art. 11 -> leading role of UNSC in matters of international peace & security

  • request of ICJ opinions does not obstruct work of UNSC (e.g. Kosovo)

  • Uniting for Peace: UNGA steps in when UNSC is blocked -> does not hinder the work

• debate: can UNGA adopt sactions based on Chapter VI?

  -> vast majority of states don't think so

• peacekeeping operations

  • can only establish under Uniting for Peace (e.g. UN Emergency Force (UNEF I) in Middle East)

  • deals with financing through GA5

  • monitors performance through Special Committee on Peacekeeping Operations and GA4

Security Council

• engages in negotiations

• request opinions from ICJ

• enforce ICJ decisions in cases of non-compliance

• deferrals to and referrals from ICC

  -> more justice than peace, but also "no peace without justice"

• establish peacekeeping operations

  
  

International Court of Justice (ICJ)

• issues opinions based on UNGA or UNSC request

  • acts as an impartial organ

  • according to international law and not negotiations or national interests

  • not binding and not resolving dispute between states, but a legal opinion that can contribute to negotiation process

    -> authoritative but not binding

• decisions in contentious cases before court between parties

Peacekeeping Operations

• not mentioned in the charter, but rather an interpretation of the charter

• Chapter VI and not VII

  -> no authorization of use of force (only self-defense)

• peacebuilding entails elements of both, but legally under Chapter VI

  • but often not easy to distinguish between Chapter VI and VII

    -> "Chapter VI and a half" = measures between Chapter VI and VII