The Security Council and Impartiality in the Peaceful Settlement of Disputes

White, Nigel D.

Abstract

In this chapter, Nigel White assesses the contribution of the UN’s collective security system to the settlement of international disputes. This chapter tests the assumption that impartial law-based dispute settlement by the Security Council is neither achievable because of its political nature nor required by the UN Charter. This chapter analyses the provisions of the Charter and practice of the Security Council in the field of peaceful settlement, looking for evidence of impartiality in both inter-State and intra-State disputes and assessing the influence of peacekeeping mandated by the Council upon impartiality. This analysis shows that the concept of impartiality in peaceful settlement has largely disappeared and asks, in the conclusion, whether it is possible and desirable to (re)turn to impartiality.

Citation

White, N. D. (2023). The Security Council and Impartiality in the Peaceful Settlement of Disputes. In R. Buchan, D. Francini, & N. Tsagourias (Eds.), The Changing Character of International Dispute Settlement: Challenges and Prospects (317-343). Cambridge University Press. https://doi.org/10.1017/9781009076296.018

• Publication Date: 2023
• Deposit Date: Sep 30, 2022
• Publicly Available Date: Jul 1, 2024
• Publisher: Cambridge University Press
• Pages: 317-343
• Book Title: The Changing Character of International Dispute Settlement: Challenges and Prospects
• Chapter Number: 11
• ISBN: 9781316513903
• DOI: https://doi.org/10.1017/9781009076296.018
• Public URL: https://nottingham-repository.worktribe.com/output/11754611
• Publisher URL: https://www.cambridge.org/gb/universitypress/subjects/law/arbitration-dispute-resolution-and-mediation/changing-character-international-dispute-settlement-challenges-and-prospects?format=HB&isbn=9781316513903
• Contract Date: Jul 27, 2022