Obligation to negotiation in peaseful settlement of international disputes

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SHAHBAZI ARAMESH; Khosronezhad Mozhgan

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Journal: PUBLIC LAW STUDIES QUARTERLY Year:2020 | Volume:50 | Issue:1 Page(s): 353-372

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Information Journal Paper

Title

Obligation to negotiation in peaseful settlement of international disputes

Author(s)

SHAHBAZI ARAMESH | Khosronezhad Mozhgan | Issue Writer Certificate

Keywords

Obligation to NegotiationQ1

Pactum de negotiandoQ1

Pacta de contrahendoQ1

Obligation to Negotiation in Good FaithQ1

international negotiationsQ1

Abstract

Negotiations in the area of international relations, particularly with the aim of peaceful settlement of the international disputes, should be done with good faith. This is because having negotiations with good faith is like an international rule and in some cases; it is the pre-requisite for a treaty or agreement. Whenever there is an explicit agreement for negotiating, whether the term "good faith" is used in it or not, the parties shall continue negotiations based on principle of pact sunt servanda, and Article 26 of the Vienna Convention on the Law of Treaties with good faith. However, the principle of good faith will be applied even in voluntary negotiations. In other words, even in the absence of an explicit agreement between the parties, or an inherent obligation in some branches of international law, comply with it will be essential. Thus, in both cases of the obligation to negotiate, the Pactum de negotiando (obligation of conduct), and Pactum de contrahendo (obligation of the result), the parties, regardless of their legal obligations base, should be sincere and purposefully negotiate with good faith and compromise to achieve the desired results.

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APA: Copy

SHAHBAZI, ARAMESH, & Khosronezhad, Mozhgan. (2020). Obligation to negotiation in peaseful settlement of international disputes. PUBLIC LAW STUDIES QUARTERLY, 50(1 ), 353-372. SID. https://sid.ir/paper/251221/en

Vancouver: Copy

SHAHBAZI ARAMESH, Khosronezhad Mozhgan. Obligation to negotiation in peaseful settlement of international disputes. PUBLIC LAW STUDIES QUARTERLY[Internet]. 2020;50(1 ):353-372. Available from: https://sid.ir/paper/251221/en

IEEE: Copy

ARAMESH SHAHBAZI, and Mozhgan Khosronezhad, “Obligation to negotiation in peaseful settlement of international disputes,” PUBLIC LAW STUDIES QUARTERLY, vol. 50, no. 1 , pp. 353–372, 2020, [Online]. Available: https://sid.ir/paper/251221/en

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