المركز القانوني للمفاوضات الدبلوماسية في ضوء المواثيق الدولية

Abstract EN

This article deals with the legal status of diplomatic negotiation, its place among other means of settlement and reviews the development of the center The legal framework for diplomatic negotiation based on treaties and court rulings, as well as the jurisprudence of jurists, and reviews the status of negotiations in international practice.

The article reviews the nature of negotiation, its definition and its legal basis.

The article revolves around three axes.

The first is devoted to the different definitions of negotiations and their space within the other means of peaceful settlement.

Second: It deals with the legal basis for diplomatic negotiation represented in the emphasis on the obligation to follow peaceful means in international disputes, which was confirmed by international agreements and enshrined in international practice, as well as court rulings.

The third: deals with the dialectic of the priority of diplomatic negotiation over other peaceful means, where two trends emerge: a trend that does not see a priority for a peaceful means over another, given that the peaceful means mentioned in Article 33 of the UN Charter, and a trend that sees the priority of diplomatic negotiation having priority in jurisprudence and judiciary, as well as on the basis of From the texts of some international agreements.