Academic journal article Contemporary Readings in Law and Social Justice

Multilateral Diplomacy – a Way to Promote International Security

Academic journal article Contemporary Readings in Law and Social Justice

Multilateral Diplomacy – a Way to Promote International Security

Article excerpt

1. Introduction

In the paper Principles of Public International Law, the famous doctrine Ian Brownlie identifies among the first manifestations of multilateral diplomacy the Conference in Vienna in 1815 or the committees established for navigation on international river respectively the Central Commission of the Rhine (1831) and European Commission Danube (1856). As the twentieth century began with wars that were characterized by genocides hard to believe, the need to identify the most suitable forms to combat aggressiveness and to halt the atrocities recorded was created the League of Nations, an organization recognized as the first with universal vocation.

Founded with the declared aim of preventing the outbreak of World War II, as the League of Nations failed to maintain international peace and security, an important goal of the period, so another organization was set up, this time with a predictable impact and higher in the category of organizations with a universal vocation respectively the United Nations. (Selejan-Guţan et al, 2014: 74)

Although the League of Nations failed to achieve the main goal mentioned and envisaged at its establishment, it provided the institutional framework for cooperation of states through international organizations, which were set up horizontally. States as subjects of international law, have laid the groundwork for achieving cooperation between them, being those that have developed, de jure, the rules of public international law, while the organizations have had powers, de facto, in the identification of normative acts regarding the conduct (Anghel, 2011: 381-382). Together with the international organizations existing at that date, the states have been created and maintained for a very long term, the legal order and international security.

2. The Role of the United Nations to Promote Policies to Maintain International Peace and Security

Promoters of establishing the League of Nations have appreciated the failure of organization as a result of lack of political will of the key global players to abandon "old habits states," but felt that a new organization with an international vocation would not be impossible (Duroselle, 2006: 310). President Roosevelt and other leaders of that time had the idea of establishing a body to advocate not only for peace but also for an institution that would endure over the years in order to restore a system of collective security more efficiently and even contribute actively to the development of international trade (Defarges, 2001: 87). It is well known that on 25 June 1945 at the Conference of San Francisco, was approved United Nations Charter, according to the Dumbarton Oaks proposals from 1944 (Duroselle, 2006: 311) through which it is promoted as a major objective the maintenance of international peace and security for the members that have undertaken "to settle international disputes by peaceful means without resorting to threat or use of force."

In the same context, the UN promoted not only the objective of states, but was concerned also for the recognition of rights of people (the establishment on 21 January 1959 of the European Court of Human Rights), but also for international cooperation in economic, cultural, social and humanitarian level. Under strict aspect of maintaining international peace and security, the UN Security Council along with General Assembly are competent to settle international disputes by peaceful means and removal of threats or repression attempts. Available means are among the most diverse and peaceful (mediation, conciliation, arbitration, regulatory), but if is needed it can even resort to military provisional measures (Duroselle, 2006: 315).

3. Rome Statute, the Founding Instrument of the Permanent Court

Vespasian Pella, Romanian eminent jurist and diplomat of international stature, proposed for the Nobel Peace Prize, is the promoter of an idea of establishing an international legal body to prevent and fight the collectively crime of states. …

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