Peace Treaty - Elements of Treaties

Elements of Treaties

There are many possible issues which may be included in a peace treaty, and a treaty's content usually depends on the nature of the conflict being concluded. Some of these may be:

  • Formal designation of borders.
  • Processes for resolving future disputes
  • Access to and apportioning of resources
  • Status of refugees
  • Settling of existing debts
  • Defining of proscribed behavior
  • The re-application of existing treaties

Treaties are often ratified in territories deemed neutral in the previous conflict and delegates from these neutral territories act as witnesses to the signatories. In the case of large conflicts between numerous parties there may be one international treaty covering all issues or separate treaties signed between each party.

In modern times certain intractable conflict situations may first be brought to a cease-fire and are then dealt with via a peace process where a number of discrete steps are taken on each side to eventually reach the mutually desired goal of peace and the signing of a treaty. A peace treaty also is often not used to end a civil war, especially in cases of a failed secession, as it implies mutual recognition of statehood. In cases such as the American Civil War, it usually ends when the armies of the losing side surrender and the government collapse. By contrast, a successful secession or declaration of independence is often formalized by means of a peace treaty.

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