THE PEACEFUL SETTLEMENT OF INTERNATIONAL CONFLICTS, A RIGHT OR DUTY OF STATES?
Journal Title: Challenges of the Knowledge Society - Year 2016, Vol 6, Issue 0
Abstract
The current article aims to establish if the peaceful settlement of conflicts is a duty of international law entities, which must generate a certain active attitude of cooperation, of looking for suitable solutions for international conflicts or, on the contrary, if it is a right whose exertion is left to the sovereign attitude of the states. Moreover, it will also be established which is the legal content of this duty or right of the states and which are the principles guiding the conduct of the states in this field. In the specialized literature, several opinions have been expressed, starting from the one that this duty does not exist, whether we speak of legal or political conflicts, continuing with opinions stating that this duty exists only when it comes to the conflicts referred to by article 33 of the U.N. Chart, namely those whose extension could endanger the peace keeping process and international security. Moreover, there have also been expressed opinions according to which this duty exists and has a general nature, concerning any type of conflict. In our opinion, the spirit of the UN Chart, the clear provisions of article 2 correlated with article 33, completed by several resolutions of the UN General Assembly adopted by mutual agreement, but also some provisions for this matter from the statutes of the main international organizations, establish a duty to settle conflicts peacefully.
Authors and Affiliations
Dan GUNĂ
Keywords
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