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Status, Nature, Content, and Scope
from Part I - Recent Trends and Cross-Cutting Issues in International Dispute Settlement
Published online by Cambridge University Press: 14 December 2023
In this chapter, Daniel Franchini and Russell Buchan examine the status, nature, content, and scope of the obligation of peaceful dispute settlement. This chapter traces the emergence of this obligation under customary and conventional international law, analyses the conditions that trigger its engagement, and explores what measures disputants must take in order to discharge this obligation. This chapter maintains that the peaceful settlement obligation is an interstitial norm insofar as it influences the interpretation and application of other rules of international law relevant to the peaceful settlement of disputes.
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