The Gradual Transformation of the International Law of Peace in Light of Reconciliation Studies
摘要
The law of peace represents a cardinal element of international law. One tenet of this—the prohibition on the use of force—has dominated academic literature on the subject. However, its corollary, the obligation to settle disputes peacefully, is no less important. The present contribution argues that this obligation cannot be seen as static in nature. Rather, in accordance with the Navigational Rights judgement of the ICJ, the notion of peaceful dispute settlement may evolve over time. As such, States are bound to consider modern approaches and techniques to satisfy this obligation in good faith. Amongst these modern approaches is reconciliation studies, which holds the promise of solutions that ensure both short- and long-term stability, and which may aid in the modernisation of peaceful dispute settlement to make it fit for the twenty-first century.