University of Tehran Public Law Studies Quarterly 2423-8120 51 3 2021 09 23 Obligation to Negotiate in Peaceful Settlement of International Disputes Obligation to Negotiate in Peaceful Settlement of International Disputes 1095 1114 82068 10.22059/jplsq.2019.268709.1848 FA Aramesh Shahbazi Professor, Faculty of Law and Political Sciences, University of Alla meh Tabatabaie, 0000-0002-1376-040X Mozhgan Khosronezhad MA. in International Law, Faculty of Law and Political Science, University of Allameh Tabataba'i, Tehran, Iran. Journal Article 2019 04 07 Negotiations in the area of international relations, particularly with the aim of peaceful settlement of international disputes, should be done in good faith. This is because negotiate in 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 or not, the parties shall continue negotiations based on the principle of pacta sunt servanda, and Article 26 of the Vienna Convention on the Law of Treaties in 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, compliance 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 negotiate sincerely and purposefully and compromise in good faith to achieve the desired results Negotiations in the area of international relations, particularly with the aim of peaceful settlement of international disputes, should be done in good faith. This is because negotiate in 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 or not, the parties shall continue negotiations based on the principle of pacta sunt servanda, and Article 26 of the Vienna Convention on the Law of Treaties in 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, compliance 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 negotiate sincerely and purposefully and compromise in good faith to achieve the desired results https://jplsq.ut.ac.ir/article_82068_46d2a0da13ba3e68f6a0b59fc3f7e56a.pdf