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Bailliet, Cecilia M.; O’Connor, Simon --- "The good faith obligation to maintain international peace and security and the pacific settlement of disputes" [2019] ELECD 496; in Bailliet, M. Cecilia (ed), "Research Handbook on International Law and Peace" (Edward Elgar Publishing, 2019) 83

Book Title: Research Handbook on International Law and Peace

Editor(s): Bailliet, M. Cecilia

Publisher: Edward Elgar Publishing

ISBN: 9781788117463

Section: Chapter 4

Section Title: The good faith obligation to maintain international peace and security and the pacific settlement of disputes

Author(s): Bailliet, Cecilia M.; O’Connor, Simon

Number of pages: 24

Abstract/Description:

This chapter addresses the character of the obligations in the UN Charter with respect to the maintenance of international peace and security as articulated in Article 1(1), (2), and (3), and Chapters VI and VIII. This contribution discusses the sequential nature of the Charter to emphasize the obligations, first and foremost, to resolve disputes peacefully and prevent escalation. 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 fora in pursuing negotiations between States and non-State actors. Finally, it delineates the role of regional mechanisms in enabling States to fulfil their primary 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.