Edited by Cecilia M. Bailliet
Cecilia M. Bailliet
The introduction provides a definition of peace and explains the normative base within the UN Charter. It gives an overview of trends within international law in light of a move towards a post-Western order and it sets out the scope of the book. It also identifies topics for further research.
Cecilia M. Bailliet
This chapter traces the evolution of the international law of peace from the notion of a ‘right to peaceful coexistence’ contained in the Joint Statement on the Promotion of International Law issued by China and Russia in 2016 to the adoption of a Declaration on the Right to Peace by the Third Committee of the UN General Assembly in 2017. The chapter seeks to explains how the right to peace signals a new direction in the evolution of human rights law towards non-justiciable duties in the post-Western age and suggests that it might be beneficial to focus on institutions addressing the implementation of peace.
Cecilia M. Bailliet and Simon O’Connor
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.