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The Importance Of Enforcing The Fundamental Principles Of International Law During The Negotiation Process Cover

The Importance Of Enforcing The Fundamental Principles Of International Law During The Negotiation Process

By: Dan Gună  
Open Access
|Nov 2015

Abstract

Diplomatic negotiations represent the most frequently regulated and used method when it comes to states settling their international conflicts. The negotiation process can be influenced by many factors, such as: the characteristics of the conflict, the power balance, the relation between the parties in conflict. From the perspective of international law, a significant importance for the success of negotiations is held by the observance of some principles such as: sovereign equality of the parties, the absence of force or threat to use the force, good faith, lack of interference in internal affairs, abstention from committing any act capable to worsen the conflict. For a solid lengthy settlement of a conflict, no solution can be imposed by using the force or threatening to use it and, hence, transgressing the essential attribute of states – sovereignty. States must show a good faith attitude during negotiations and use this diplomatic method with the real intent of settling the conflict and not for other strategic reasons, like getting extra time or creating a good faith appearance in front of the public opinion as they were looking for a solution.

Language: English
Page range: 436 - 441
Published on: Nov 24, 2015
Published by: Nicolae Balcescu Land Forces Academy
In partnership with: Paradigm Publishing Services
Publication frequency: 3 issues per year

© 2015 Dan Gună, published by Nicolae Balcescu Land Forces Academy
This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.