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Promoting Peace Through International Law$
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Cecilia Marcela Bailliet and Kjetil Mujezinovic Larsen

Print publication date: 2015

Print ISBN-13: 9780198722731

Published to Oxford Scholarship Online: April 2015

DOI: 10.1093/acprof:oso/9780198722731.001.0001

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Normative Foundation of the International Law of Peace

Normative Foundation of the International Law of Peace

Chapter:
(p.43) 3 Normative Foundation of the International Law of Peace
Source:
Promoting Peace Through International Law
Author(s):

Cecilia M. Bailliet

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198722731.003.0003

The chapter traces the evolution of the international law of peace from the notion of a ‘right to peaceful coexistence’ within natural law, to its re-emergence within various international instruments, including the 1955 Bandung Declaration on Promotion of World Peace and Cooperation, the 1970 UN Declaration on Principles of International Law Concerning Friendly Relations and Cooperation Among States, and the UN Charter. The chapter then examines the recent de lege ferenda initiative to recognize a ‘human right to peace’ within the UN Human Rights Council. It seeks to explain why achieving universal normative clarity within international law remains a challenge and suggests that it might be beneficial to focus on institutions addressing the components and preconditions of peace. It also recommends reconsideration of the potential of preventive dispute resolution mechanisms, including conciliation.

Keywords:   peaceful coexistence, Bandung Declaration, UN Charter, right to peace, UN Human Rights Council

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