The Role of the Organization of American States in Peaceful Settlement of Disputes
| Autor | Sonia Boulos |
| Cargo | Antonio de Nebrija University |
| Páginas | 193-208 |
193
MISCELÁNEA
e Role of the Organization of American States in Peaceful
Settlement of Disputes
El papel de la Organización de Estados Americanos en la resolución pacíca de
conictos
S B
Antonio de Nebrija University
Summary
is article analyzes the role of the OAS in creating political and adjudicative is article
analyzes the role of the OAS in creating political and adjudicative frameworks for the peaceful
settlement of the disputes between American states. e article suggests that while the OAS has
succeeded in creating strong political frameworks for the pacic settlement of regional disputes,
it fell short of designing equally successful adjudicative frameworks. Revitalizing the OAS
frameworks for the pacic settlement of disputes would enhance regional peace and stability;
it is also necessary if the OAS wishes to remain the prominent regional organization in the
Western Hemisphere.
Keywords
Peaceful settlement of disputes / e Charter of the OAS / e Pact of Bogota / Competence
of the ICJ.
Resumen
Este artículo analiza el papel de la OEA en la creación de marcos políticos y adjudicativos para
el arreglo pacíco de las disputas entre los Estados americanos. El artículo sugiere que, si bien
la OEA ha logrado crear sólidos marcos políticos para el arreglo pacíco de disputas regionales,
no logró diseñar marcos adjudicativos igualmente exitosos. La revitalización de los marcos de
la OEA para el arreglo pacíco de las controversias mejoraría la paz y la estabilidad regionales;
pero también es necesario si la OEA desea seguir siendo la organización regional prominente en
el hemisferio occidental.
Palabras clave
Solución pacíca de controversias / La Carta de la OEA / El Pacto de Bogotá / Competencia
de la CIJ.
1. Introduction
Latin America is the second most peaceful region in the world (Melander et. al., 2016). is
fact is astonishing given the abundance of territorial disputes in the Western Hemisphere. Only
in the last couple of decades, such disputes have resulted in ve instances of the use of force and
two instances of force deployment. ese incidents involved ten out of the nineteen States of
Central and South America (Dominguez et. al., 2003).
One could attribute the success in maintaining regional peace in the Americas to
the Organization of the American States (OAS). For years, the OAS has played an important
role in preventing the escalation of existing conicts, and in creating normative and political
frameworks for the peaceful settlement of disputes (Herz, 2008). is article surveys the role
Sonia Boulos (2017). e Role of the Organization of American States in Peaceful Settlement
of Disputes. Iuris Dictio 20, 193-208.
ISSN 1390-6402 / e-ISSN 2528-7834.
DOI: http://dx.doi.org/10.18272/iu.v20i20. 909
194
SONIA BOULOS
Iuris Dictio 20 (2017), 193-208. ISSN 1390-6402 / e-ISSN 2528-7834. DOI: http://dx.doi.org/10.18272/iu.v20i20. 909
of the OAS in promoting mechanisms for the peaceful settlement of disputes in the Americas.
It begins with a brief introduction of the normative framework for the peaceful settlement of
disputes in international law. en it analyzes the role of the OAS in creating political and legal
frameworks for the pacic settlement of the disputes at the regional level. e article suggests
that while the OAS had succeeded in creating strong political frameworks for the peaceful
resolution of regional conicts, it fell short of designing strong frameworks for the legal or
adjudicative settlement of conicts between American States. Revitalizing the OAS frameworks
for the settlement of disputes is vital for the future maintenance of peace and security in the
region; but it is also crucial if the OAS wishes to remain a relevant player. e emergence of
myriad sub-regional initiatives could erode the power and relevance of the OAS even if they lack
the same capacity to serve the regional peace. To maintain its own prominence in the region, the
OAS must enhance it capabilities to do what it does best, and this includes its role in facilitating
the pacic settlement of disputes in the Americas.
2. Peaceful settlement of disputes in international law
In international law a dispute is dened as “a disagreement on a point of law or fact” (Brownlie,
1995). Mechanisms for the peaceful settlement of disputes were always available at the international
level; however, States had no legal obligation to resort to such mechanisms. Only with the adoption
of the Charter of the United Nations (UN Charter), States became obliged to solve their disputes
peacefully (Bosco, 1991). e principle of peaceful settlement of disputes is enshrined in Chapter
VI of the UN Charter, which oers various mechanisms for resolving disputes peacefully. Article 33
of the UN Charter states:
1. e parties to any dispute, the continuance of which is likely to endanger
the maintenance of international peace and security, shall, rst of all, seek a
solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial
settlement, resort to regional agencies or arrangements, or other peaceful
means of their own choice.
While States are under the obligation to settle their disputes peacefully, the UN Charter leaves them
the freedom to choose the means for settling their disputes. Article 33 recognizes the role of regional
organizations in promoting peaceful settlement of disputes. is role is further emphasized in Article
52 of the UN Charter, which states:
a). Nothing in the present Charter precludes the existence of regional arrangements or
agencies for dealing with such matters relating to the maintenance of international
peace and security as are appropriate for regional action provided that such
arrangements or agencies and their activities are consistent with the Purposes and
Principles of the United Nations.
b). e Members of the United Nations entering into such arrangements or constituting
such agencies shall make every eort to achieve pacic settlement of local disputes
through such regional arrangements or by such regional agencies before referring
them to the Security Council.
c). e Security Council shall encourage the development of pacic settlement of local
disputes through such regional arrangements or by such regional agencies either on
the initiative of the states concerned or by reference from the Security Council.
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