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Conflict Resolution and crisis management UNITAR- UPEACE Dr. May AKL

Lecture 1: The Pacific Settlement of Disputes-  UN Charter Chapter VI

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Lecture 1: The Pacific Settlement of Disputes-   UN  Charter Chapter VI

Introduction Chapter VI and its provisions Preventive Diplomacy Conclusion

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UN: established on  O ctober 24, 1945 with the following aims: M aintaining  peace and  security D eveloping  friendly relations among  countries A chieving  worldwide cooperation to solve international economic, social, cultural, and humanitarian problems;  R especting  and promoting human rights;  S erving  as a center where countries can coordinate their actions and activities toward these various ends.

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The United States Sign the United Nations  Charter US  Secretary of State Edward R. Stettinius, Jr., Chairman, US Delegation, signing the UN Charter at a ceremony held at the Veterans' War Memorial Building on 26 June. President Harry S. Truman stands by at left looking pleased.

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The Charter is made of a preamble and 111 articles grouped into 19 chapters. The preamble has two parts and focuses on human rights and the peaceful settlement of disputes: WE THE PEOPLES OF THE UNITED NATIONS  DETERMINED •	to save succeeding generations from the scourge of war, which twice in our lifetime has brought untold sorrow to mankind, and •	to regain faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small, and •	to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained, and •	to promote social progress and better standards of life in larger freedom , AND FOR THESE  ENDS •	to practice tolerance and live together in peace with one another as good  neighbours , and •	to unite our strength to maintain international peace and security, and •	to ensure, by the acceptance of principles and the institution of methods, that armed force shall not be used, save in the common interest, and •	to employ international machinery for the promotion of the economic and social advancement of all peoples,

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United Nations Charter, Chapter VI : Pacific  Settlement of  Disputes Article 33 of Chapter VI stipulates the following: “The  parties to any dispute, the continuance of which is likely to endanger the maintenance of international peace and security, shall, first of all, seek a solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice .” Article 34 “The  Security Council may investigate any dispute, or any situation which might lead to international friction or give rise to a dispute, in order to determine whether the continuance of the dispute or situation is likely to endanger the maintenance of international peace and security .”

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United Nations Charter, Chapter VI : Pacific  Settlement of  Disputes If alternative dispute resolution fail: Article 35  clearly states that : “1 .	Any Member of the United Nations may bring any dispute, or any situation of the nature referred to in Article 34, to the attention of the Security Council or of the General Assembly. 2.	A state which is not a Member of the United Nations may bring to the attention of the Security Council or of the General Assembly any dispute to which it is a party if it accepts in advance, for the purposes of the dispute, the obligations of pacific settlement provided in the present Charter .”

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United Nations Charter, Chapter VI : Pacific  Settlement of  Disputes Chapter 6 allows the  Security Council  to issue recommendations but refrains from giving it the right to enforce any measure for the settlement of disputes. As  such it is only Chapter 7 that gives the Security Council the right to impose coercive measures . Two  new  approaches were developed  to  prevent  wars: the first one is preventive diplomacy and the second one an increased influence of the General Assembly

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Preventive Diplomacy The concept of preventive diplomacy was first articulated over half a century ago by Dag Hammarskjöld who was a Swedish economist and diplomat who served as the second Secretary-General of the United Nations in 1953.  Preventive diplomacy refers specifically to diplomatic action taken, at the earliest possible stage, “to prevent disputes from arising between parties, to prevent existing disputes from escalating into conflicts and to limit the spread of the latter when they occur .” Member  states committed to building a “culture of prevention”, strengthening the capacity of the United Nations to that end and taking “effective collective measures for the prevention and removal of threats to the peace”.

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Preventive Diplomacy The  creation of new preventive capacities within the international  community: The  development of early warning  systems T argeted  funding mechanisms for rapid  response T he  establishment of dedicated prevention  structures T he  ongoing use of special  envoys The biggest return comes in lives saved

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At the level of preventive diplomacy, the various United Nations bodies play different roles . Role of the General Assembly: In  accordance with Articles 10 and  11 the  General Assembly has broad authority to consider conflict prevention in all its aspects; develop recommendations as appropriate;  or  call the attention of the Security Council to situations that are likely to endanger international peace and security.  The GA also strengthened the role of mediation. It reviews and approves the budgets of political missions and other instruments relating to conflict prevention and peacemaking

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At the level of preventive diplomacy, the various United Nations bodies play different roles . Role of the Security Council: Primary role: maintaining international peace and  security A  push for greater engagement and flexibility in addressing emerging threats before they are placed on the Council’s formal  agenda Informal  interactive  dialogues Horizon scanning More  proactive approach to preventive  diplomacy Develops relationships with regional organizations Support for mediation initiatives Use of more coercive tools such as sanctions The Security Council also plays a unique role in preventing the escalation of conflict or a slide back into war by establishing political and peacekeeping missions with appropriate mandates.

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At the level of preventive diplomacy, the various United Nations bodies play different roles . Role of the Secretary General: Good offices Good  offices are deployed behind the scenes and regardless of the approach, the key is to practice diplomacy that is as at the same time determined and flexible .  Good offices  was strengthened by enhanced its analytical capacities, its technical expertise in key areas, its partnerships and its ability to learn lessons, extract best practices and facilitate system-wide responses.  Another  support to the good offices of the secretary general comes from envoys. Envoys help to defuse tensions and resolve problems in the context of border disputes, territorial questions, regional  conflicts,  etc

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Conclusion With preventive diplomacy, peacemaking and peacekeeping at the core of its mission, former United Nations Secretary General Boutros Boutros  Ghali  wrote a report entitled An Agenda for Peace: Preventive diplomacy, peacemaking and peace-keeping, more commonly known simply as An Agenda for Peace, in 1992, which served a key document in the development of the principle of preventive diplomacy, amongst other things.  Video link :  San Francisco United Nations Charter Signed https:// www.youtube.com/watch?v=rLwvuht0ZxY

Conflict Resolution and crisis management
UNITAR- UPEACE
Dr. May AKL


 Conclusion With preventive diplomacy, peacemaking and peacekeeping at the core of its mission, former United Nations Secretary General Boutros Boutros  Ghali  wrote a report entitled An Agenda for Peace: Preventive diplomacy, peacemaking and peace-keeping, more commonly known simply as An Agenda for Peace, in 1992, which served a key document in the development of the principle of preventive diplomacy, amongst other things.  Video link :  San Francisco United Nations Charter Signed https:// www.youtube.com/watch?v=rLwvuht0ZxY  

Conflict Resolution and crisis management UNITAR- UPEACE Dr. May AKL

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