United Nations

A/RES/37/10


General Assembly

Distr. GENERAL  

15 November 1982

ORIGINAL:
ENGLISH



                                                    A/RES/37/10
                                                    68th plenary meeting
                                                    15 November 1982
 
 
     37/10.  Peaceful settlement of disputes between States
 
     The General Assembly,
 
     Having examined the item entitled "Peaceful settlement of disputes
between States",
 
     Recalling its resolutions 34/102 of 14 December 1979, 35/160 of
15 December 1980 and 36/110 of 10 December 1981,
 
     Reaffirming the need to exert utmost efforts in order to settle any
conflicts and disputes between States exclusively by peaceful means and to
avoid any military action and hostilities, which can only make more difficult
the solution of those conflicts and disputes,
 
     Considering that the question of the peaceful settlement of disputes
should represent one of the central concerns for States and for the United
Nations and that the efforts to strengthen the process of the peaceful
settlement of disputes should be continued,
 
     Convinced that the adoption of the Manila Declaration on the Peaceful
Settlement of International Disputes should enhance the observance of the
principle of peaceful settlement of disputes in the relations between States
and contribute to the elimination of the danger of recourse to force or to the
threat of force, to the relaxation of international tensions, to the promotion
of a policy of co-operation and peace and of respect for the independence and
sovereignty of all States, to the enhancing of the role of the United Nations
in preventing conflicts and settling them peacefully and, consequently, to the
strengthening of international peace and security,
 
     Considering the need to ensure a wide dissemination of the text of the
Declaration,
 
     1.   Approves the Manila Declaration on the Peaceful Settlement of
International Disputes, the text of which is annexed to the present
resolution;
 
     2.   Expresses its appreciation to the Special Committee on the Charter
of the United Nations and on the Strengthening of the Role of the Organization
for its important contribution to the elaboration of the text of the
Declaration;
 
     3.   Requests the Secretary-General to inform the Governments of the
States Members of the United Nations or members of specialized agencies, the
Security Council and the International Court of Justice of the adoption of the
Declaration;
 
     4.   Urges that all efforts be made so that the Declaration becomes
generally known and fully observed and implemented.
 
                                    ANNEX
 
   Manila Declaration on the Peaceful Settlement of International Disputes
 
     The General Assembly,
 
     Reaffirming the principle of the Charter of the United Nations that all
States shall settle their international disputes by peaceful means in such a
manner that international peace and security, and justice, are not endangered,
 
     Conscious that the Charter of the United Nations embodies the means and
an essential framework for the peaceful settlement of international disputes,
the continuance of which is likely to endanger the maintenance of
international peace and security,
 
     Recognizing the important role of the United Nations and the need to
enhance its effectiveness in the peaceful settlement of international disputes
and the maintenance of international peace and security, in accordance with
the principles of justice and international law, in conformity with the
Charter of the United Nations,
 
     Reaffirming the principle of the Charter of the United Nations that all
States shall refrain in their international relations from the threat or use
of force against the territorial integrity or political independence of any
State, or in any other manner inconsistent with the purposes of the United
Nations, 
 
     Reiterating that no State or group of States has the right to intervene,
directly or indirectly, for any reason whatsoever, in the internal or external
affairs of any other State,
 
     Reaffirming the Declaration on Principles of International Law concerning
Friendly Relations and Co-operation among States in accordance with the
Charter of the United Nations,
 
     Bearing in mind the importance of maintaining and strengthening
international peace and security and the development of friendly relations
among States, irrespective of their political, economic and social systems or
levels of economic development,
 
     Reaffirming the principle of equal rights and self-determination of
peoples as enshrined in the Charter of the United Nations and referred to in
the Declaration on Principles of International Law concerning Friendly
Relations and Co-operation among States in accordance with the Charter of the
United Nations and in other relevant resolutions of the General Assembly,
 
     Stressing the need for all States to desist from any forcible action
which deprives peoples, particularly peoples under colonial and racist regimes
or other forms of alien domination, of their inalienable right to
self-determination, freedom and independence, as referred to in the
Declaration on Principles of International Law concerning Friendly Relations
and Co-operation among States in accordance with the Charter of the United
Nations, 
 
     Mindful of existing international instruments as well as respective
principles and rules concerning the peaceful settlement of international
disputes, including the exhaustion of local remedies whenever applicable,
 
     Determined to promote international co-operation in the political field
and to encourage the progressive development of international law and its
codification, particularly in relation to the peaceful settlement of
international disputes,
 
     Solemnly declares that:
                                      I
 
          1.   All States shall act in good faith and in conformity with the
     purposes and principles enshrined in the Charter of the United Nations
     with a view to avoiding disputes among themselves likely to affect
     friendly relations among States, thus contributing to the maintenance of
     international peace and security.  They shall live together in peace with
     one another as good neighbours and strive for the adoption of meaningful
     measures for strengthening international peace and security.
 
          2.   Every State shall settle its international disputes exclusively
     by peaceful means in such a manner that international peace and security,
     and justice, are not endangered.
 
     3.   International disputes shall be settled on the basis of the
     sovereign equality of States and in accordance with the principle of free
     choice of means in conformity with obligations under the Charter of the
     United Nations and with the principles of justice and international law.
     Recourse to, or acceptance of, a settlement procedure freely agreed to by
     States with regard to existing or future disputes to which they are
     parties shall not be regarded as incompatible with the sovereign equality
     of States.
 
          4.   States parties to a dispute shall continue to observe in their
     mutual relations their obligations under the fundamental principles of
     international law concerning the sovereignty, independence and
     territorial integrity of States, as well as other generally recognized
     principles and rules of contemporary international law.
 
          5.   States shall seek in good faith and in a spirit of co-operation
     an early and equitable settlement of their international disputes by any
     of the following means:  negotiation, inquiry, mediation, conciliation,
     arbitration, judicial settlement, resort to regional arrangements or
     agencies or other peaceful means of their own choice, including good
     offices.  In seeking such a settlement, the parties shall agree on such
     peaceful means as may be appropriate to the circumstances and the nature
     of their dispute.
 
          6.   States parties to regional arrangements or agencies shall make
     every effort to achieve pacific settlement of their local disputes
     through such regional arrangements or agencies before referring them to
     the Security Council.  This does not preclude States from bringing any
     dispute to the attention of the Security Council or of the General
     Assembly in accordance with the Charter of the United Nations.
 
          7.   In the event of failure of the parties to a dispute to reach an
     early solution by any of the above means of settlement, they shall
     continue to seek a peaceful solution and shall consult forthwith on
     mutually agreed means to settle the dispute peacefully.  Should the
     parties fail to settle by any of the above means a dispute the
     continuance of which is likely to endanger the maintenance of
     international peace and security, they shall refer it to the Security
     Council in accordance with the Charter of the United Nations and without
     prejudice to the functions and powers of the Council set forth in the
     relevant provisions of Chapter VI of the Charter.
 
          8.   States parties to an international dispute, as well as other
     States, shall refrain from any action whatsoever which may aggravate the
     situation so as to endanger the maintenance of international peace and
     security and make more difficult or impede the peaceful settlement of the
     dispute, and shall act in this respect in accordance with the purposes
     and principles of the United Nations.
 
          9.   States should consider concluding agreements for the peaceful
     settlement of disputes among them.  They should also include in bilateral
     agreements and multilateral conventions to be concluded, as appropriate,
     effective provisions for the peaceful settlement of disputes arising from
     the interpretation or application thereof.
 
          10.  States should, without prejudice to the right of free choice of
     means, bear in mind that direct negotiations are a flexible and effective
     means of peaceful settlement of their disputes.  When they choose to
     resort to direct negotiations, States should negotiate meaningfully, in
     order to arrive at an early settlement acceptable to the parties.  States
     should be equally prepared to seek the settlement of their disputes by
     the other means mentioned in the present Declaration.
 
          11.  States shall in accordance with international law implement in
     good faith all the provisions of agreements concluded by them for the
     settlement of their disputes.
 
          12.  In order to facilitate the exercise by the peoples concerned of
     the right to self-determination as referred to in the Declaration on
     Principles of International Law concerning Friendly Relations and
     Co-operation among States in accordance with the Charter of the United
     Nations, the parties to a dispute may have the possibility, if they agree
     to do so and as appropriate, to have recourse to the relevant procedures
     mentioned in the present Declaration, for the peaceful settlement of the
     dispute.
 
          13.  Neither the existence of a dispute nor the failure of a
     procedure of peaceful settlement of disputes shall permit the use of
     force or threat of force by any of the States parties to the dispute.
 
                                      II
 
          1.   Member States should make full use of the provisions of the
     Charter of the United Nations, including the procedures and means
     provided for therein, particularly Chapter VI, concerning the peaceful
     settlement of disputes.
 
          2.   Member States shall fulfil in good faith the obligations
     assumed by them in accordance with the Charter of the United Nations.
     They should, in accordance with the Charter, as appropriate, duly take
     into account the recommendations of the Security Council relating to the
     peaceful settlement of disputes.  They should also, in accordance with
     the Charter, as appropriate, duly take into account the recommendations
     adopted by the General Assembly, subject to Articles 11 and 12 of the
     Charter, in the field of peaceful settlement of disputes.
 
          3.   Member States reaffirm the important role conferred on the
     General Assembly by the Charter of the United Nations in the field of
     peaceful settlement of disputes and stress the need for it to discharge
     effectively its responsibilities.  Accordingly, they should:
 
          (a)  Bear in mind that the General Assembly may discuss any
     situation, regardless of origin, which it deems likely to impair the
     general welfare or friendly relations among nations and, subject to
     Article 12 of the Charter, recommend measures for its peaceful
     adjustment;
 
          (b)  Consider making use, when they deem it appropriate, of the
     possibility of bringing to the attention of the General Assembly any
     dispute or any situation which might lead to international friction or
     give rise to a dispute;
 
          (c)  Consider utilizing, for the peaceful settlement of their
     disputes, the subsidiary organs established by the General Assembly in
     the performance of its functions under the Charter;
 
          (d)  Consider, when they are parties to a dispute brought to the
     attention of the General Assembly, making use of consultations within the
     framework of the Assembly, with a view to facilitating an early
     settlement of their dispute.
 
          4.   Member States should strengthen the primary role of the
     Security Council so that it may fully and effectively discharge its
     responsibilities, in accordance with the Charter of the United Nations,
     in the area of the settlement of disputes or of any situation the
     continuance of which is likely to endanger the maintenance of
     international peace and security.  To this end they should:
 
          (a)  Be fully aware of their obligation to refer to the Security
     Council such a dispute to which they are parties if they fail to settle
     it by the means indicated in Article 33 of the Charter;
 
          (b)  Make greater use of the possibility of bringing to the
     attention of the Security Council any dispute or any situation which
     might lead to international friction or give rise to a dispute;
 
          (c)  Encourage the Security Council to make wider use of the
     opportunities provided for by the Charter in order to review disputes or
     situations the continuance of which is likely to endanger the maintenance
     of international peace and security;
 
          (d)  Consider making greater use of the fact-finding capacity of the
     Security Council in accordance with the Charter;
 
          (e)  Encourage the Security Council to make wider use, as a means to
     promote peaceful settlement of disputes, of the subsidiary organs
     established by it in the performance of its functions under the Charter;
 
          (f)  Bear in mind that the Security Council may, at any stage of a
     dispute of the nature referred to in Article 33 of the Charter or of a
     situation of like nature, recommend appropriate procedures or methods of
     adjustment;
 
          (g)  Encourage the Security Council to act without delay, in
     accordance with its functions and powers, particularly in cases where
     international disputes develop into armed conflicts.
 
          5.   States should be fully aware of the role of the International
     Court of Justice, which is the principal judicial organ of the United
     Nations.  Their attention is drawn to the facilities offered by the
     International Court of Justice for the settlement of legal disputes,
     especially since the revision of the Rules of the Court.
 
          States may entrust the solution of their differences to other
     tribunals by virtue of agreements already in existence or which may be
     concluded in the future.
 
          States should bear in mind:
 
          (a)  That legal disputes should as a general rule be referred by the
     parties to the International Court of Justice, in accordance with the
     provisions of the Statute of the Court;
 
          (b)  That it is desirable that they:
 
   (i)    Consider the possibility of inserting in treaties, whenever
          appropriate, clauses providing for the submission to the
          International Court of Justice of disputes which may arise from the
          interpretation or application of such treaties;
 
  (ii)    Study the possibility of choosing, in the free exercise of their
          sovereignty, to recognize as compulsory the jurisdiction of the
          International Court of Justice in accordance with Article 36 of its
          Statute;
 
 (iii)    Review the possibility of identifying cases in which use may be made
          of the International Court of Justice.
 
          The organs of the United Nations and the specialized agencies should
     study the advisability of making use of the possibility of requesting
     advisory opinions of the International Court of Justice on legal
     questions arising within the scope of their activities, provided that
     they are duly authorized to do so.
 
          Recourse to judicial settlement of legal disputes, particularly
     referral to the International Court of Justice, should not be considered
     an unfriendly act between States.
 
          6.   The Secretary-General should make full use of the provisions of
     the Charter of the United Nations concerning the responsibilities
     entrusted to him.  The Secretary-General may bring to the attention of
     the Security Council any matter which in his opinion may threaten the
     maintenance of international peace and security.  He shall perform such
     other functions as are entrusted to him by the Security Council or by the
     General Assembly.  Reports in this connection shall be made whenever
     requested to the Security Council or the General Assembly.
 
          Urges all States to observe and promote in good faith the provisions
     of the present Declaration in the peaceful settlement of their
     international disputes;
 
          Declares that nothing in the present Declaration shall be construed
     as prejudicing in any manner the relevant provisions of the Charter or
     the rights and duties of States, or the scope of the functions and powers
     of the United Nations organs under the Charter, in particular those
     relating to the peaceful settlement of disputes;
 
          Declares that nothing in the present Declaration could in any way
     prejudice the right to self-determination, freedom and independence, as
     derived from the Charter, of peoples forcibly deprived of that right and
     referred to in the Declaration on Principles of International Law
     concerning Friendly Relations and Co-operation among States in accordance
     with the Charter of the United Nations, particularly peoples under
     colonial and racist r gimes or other forms of alien domination; nor the
     right of these peoples to struggle to that end and to seek and receive
     support, in accordance with the principles of the Charter and in
     conformity with the above-mentioned Declaration;
 
          Stresses the need, in accordance with the Charter, to continue
     efforts to strengthen the process of the peaceful settlement of disputes
     through progressive development and codification of international law, as
     appropriate, and through enhancing the effectiveness of the United
     Nations in this field.