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The Security Council, Peace-making and Peace Settlement: Between Executive and Pragmatic

White, Nigel D.

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Authors



Contributors

Marc Weller
Editor

Mark Retter
Editor

Andrea Varga
Editor

Abstract

While third states and international organisations often co-sign peace agreements in the capacity of witnesses or guarantors, little is understood of the legal consequences flowing from these roles. The chapter aims to fill this gap. First, it highlights that the mere designation of witness or guarantor leads to few consequences. Second, it analyses how specific third-party rights and obligations are established and conceptualised under VCLT rules, extended by analogy to intra-state peace agreements. Third, it provides a brief illustration of common third-party rights and obligations in peace agreements. Finally, it examines whether the involvement of third parties can internationalise an intra-state peace agreement, i.e. render it to be governed by international law. Bringing together views from the literature, jurisprudence and the preceding analysis on the structure of third-party rights and obligations, the chapter concludes that such rights and obligations can be internationalised, in a manner that can only extend to the agreement as a whole when inseparable from the rest of the agreement.

Citation

White, N. D. (2021). The Security Council, Peace-making and Peace Settlement: Between Executive and Pragmatic. In M. Weller, M. Retter, & A. Varga (Eds.), International Law and Peace Settlements (237-263). Cambridge University Press. https://doi.org/10.1017/9781108627856

Online Publication Date Jan 14, 2021
Publication Date Jan 31, 2021
Deposit Date Nov 25, 2022
Publicly Available Date Nov 25, 2022
Publisher Cambridge University Press
Pages 237-263
Book Title International Law and Peace Settlements
Chapter Number 11
ISBN 9781108498043
DOI https://doi.org/10.1017/9781108627856
Public URL https://nottingham-repository.worktribe.com/output/14038728
Publisher URL https://www.cambridge.org/core/books/international-law-and-peace-settlements/ED116ECB770176DCF038927C841E0F23
Additional Information This material has been published in International Law and Peace Settlements edited by Marc Weller, Mark Retter, Andrea Varga . https://doi.org/10.1017/9781108627856
Contract Date Feb 15, 2020

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