Book contents
- The Changing Character of International Dispute Settlement
- The Changing Character of International Dispute Settlement
- Copyright page
- Contents
- Contributors
- Foreword
- Acknowledgements
- Table of Cases
- Table of International Instruments
- Table of Legislation
- Abbreviations
- Introduction
- Part I Recent Trends and Cross-Cutting Issues in International Dispute Settlement
- Part II Effectiveness, Authority, and Legitimacy of the Current System of International Dispute Settlement and Possible Reforms
- 5 Navigating Choppy Waters
- 6 Legitimacy in Settlement of Disputes in International Environmental Law: From Classical to Non-compliance Procedures
- 7 The Role and Legitimacy of International Human Rights Mechanisms of Dispute Settlement
- 8 Settlement of Water-Related Disputes in International Law
- 9 Coherence, Consistency, and the Reform of Investment Treaty Arbitration
- 10 The WTO DSU 2.0
- 11 The Security Council and Impartiality in the Peaceful Settlement of Disputes
- 12 International Criminal Law and the Peaceful Settlement of International Disputes
- Part III New Opportunities and the Future of International Dispute Settlement
- Index
11 - The Security Council and Impartiality in the Peaceful Settlement of Disputes
from Part II - Effectiveness, Authority, and Legitimacy of the Current System of International Dispute Settlement and Possible Reforms
Published online by Cambridge University Press: 14 December 2023
- The Changing Character of International Dispute Settlement
- The Changing Character of International Dispute Settlement
- Copyright page
- Contents
- Contributors
- Foreword
- Acknowledgements
- Table of Cases
- Table of International Instruments
- Table of Legislation
- Abbreviations
- Introduction
- Part I Recent Trends and Cross-Cutting Issues in International Dispute Settlement
- Part II Effectiveness, Authority, and Legitimacy of the Current System of International Dispute Settlement and Possible Reforms
- 5 Navigating Choppy Waters
- 6 Legitimacy in Settlement of Disputes in International Environmental Law: From Classical to Non-compliance Procedures
- 7 The Role and Legitimacy of International Human Rights Mechanisms of Dispute Settlement
- 8 Settlement of Water-Related Disputes in International Law
- 9 Coherence, Consistency, and the Reform of Investment Treaty Arbitration
- 10 The WTO DSU 2.0
- 11 The Security Council and Impartiality in the Peaceful Settlement of Disputes
- 12 International Criminal Law and the Peaceful Settlement of International Disputes
- Part III New Opportunities and the Future of International Dispute Settlement
- Index
Summary
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.
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- Information
- The Changing Character of International Dispute SettlementChallenges and Prospects, pp. 317 - 343Publisher: Cambridge University PressPrint publication year: 2023