Acta Universitatis Danubius. Relationes Internationales, Vol 5, No 1 (2012)

The Line between Peaceful Settlement of Disputes and the Use of Force in International Law

Oana Cristina Necula

Abstract


In this article, we attempt to analyze the evolution of a conflictual situation between at least two international parties, examining each stage involved, with focus on peaceful solutions. However, what we observe is that no all disputes can be resolved through the use of common peaceful means. Refusing to accept violet methods of international conflict resolution and expressing faith in human values, freedom and fundamental rights of people, we believe that, in cases like these, imposing peaceful coercive measures in order to restore cooperation between states, becomes necessary. These actions specifically, represent the subject of this paper. First and foremost, we must understand that the international system is not a stand-alone one, but one that has evolved over the years from tribes, empires and colonies, being at this moment composed of sovereign nation states, most of them allies as part of inter-governmental organizations. We are currently witnessing the creating of a new subject of international law - the European Union - which does not aim to become a national state, an inter-state organization, or a federation of states. It selectively combines the features of these, creating a whole new international entity, whose evolution is still unknown, but that will undoubtedly change the system certainly in a gradual manner. In the midst of all these transformations of the international world lie the differences between mentalities and human behavior, or maybe even the similarities between them. These get translated into conflicts and their resolution is intended to be as least invasive as possible, eventually leading to the development of legal instruments designed to protect the freedom and sovereignty of the parties involved.


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