An agreement is an understanding, a compromise or a pact reached by two or more parties. Peace, on the other hand, is the situation that exists when there is no warlike conflict or a persistent state of violence.
Defined by Digopaul, the notion of a peace agreement, therefore, alludes to the agreement signed by the authorities of two nations that were facing a war. By establishing a peace agreement, the parties agree not to carry out further attacks and to respect the criteria established in the resolution in question.
Peace accords, also known as peace treaties, mark the end point of war. There are, however, other tools that can lead to the interruption of the confrontation, such as the truce known as a ceasefire or surrender.
It is also important to bear in mind that, in certain armed confrontations, peace agreements are very difficult to achieve if one of the opposing sides does not represent any State. In this way, if a State signs a peace agreement with the other party, it would be granting it a status similar to its own.
Beyond what a peace agreement formally implies, it is common for wars to be resolved in complex and extensive processes. Thus, those involved in the conflict take various steps to reach peace and sign the corresponding agreement.
The distribution and access to resources, the establishment of border limits, the setting of prohibited actions and conducts, and the situation of prisoners and refugees are some of the issues that are usually defined through peace agreements.
Vienna Convention on the Law of Treaties
On May 23, 1969, the Vienna Convention on the Law of Treaties was signed, although it was only on January 27, 1980 that it became effective.
The elaboration of this Convention was in charge of an international conference that met in Vienna, and there they worked based on a project that had taken the United Nations International Law Commission more than fifteen years of planning. The purpose of this Convention was the codification of customary international law and, at the same time, ensure that it could be progressively developed.
The following DEFINITION OF a treaty can be found in the second article of this Convention: it is an international agreement concluded by two or more States in writing and governed by international law, whether it is recorded in a single instrument or in a minimum of two, related, and regardless of their particular denomination.
This brings us to a point mentioned in a previous paragraph: peace agreements can only be signed between States. It should be noted, on the other hand, that the definition just discussed does not include agreements between a State and international organizations (among other subjects that also enjoy international law), between two of those subjects, or agreements that are not embodied by written.
Something important to keep in mind is that the effect of this Convention is not retroactive: in other words, this means that it can only be applied to treaties that have been concluded from the moment it entered into force, and not to those that had place above.
The United Nations carried out the signing of this Convention, foreseeing the importance of the parties involved in asserting the rights contained therein. For this reason, in several of its articles, which are not contained in the same chapter or ordered in a particular way, appeals and actions are established before the arbitrator or judge.