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Part V Revival of Classical Concepts?, Ch.45 Peace Settlements and the Prohibition of the Use of Force

Martin Wählisch

From: The Oxford Handbook of the Use of Force in International Law

Edited By: Marc Weller

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 02 June 2023

Peace treaties — Vienna Convention on the Law of Treaties — UN Charter — Pacta sunt servanda — Armed conflict, international — Armed conflict, non-international — Armed forces — Belligerents — Weapons of mass destruction — Peace keeping — Disarmament — Customary international law — Peremptory norms / ius cogens

This chapter explores the relationship between peace settlements (which encompass truces, armistices, ceasefires, and peace agreements) and the prohibition of the use of force. It begins by discussing the role of peace treaties in prohibiting the use of force, the consequences of non-compliance with peace settlements, and previous experiences in enforcing ceasefires and peace agreements. It then considers the elements of the applicable normative framework in international law, including the legal basis of peace treaties and the legal consequences of their breach. The chapter concludes by analysing the implementation mechanisms for peace settlements, with particular reference to the practice of monitoring and peace enforcement missions authorized by the UN Security Council.

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