Handbook on Peace Agreement Draft Language
Borders and Disputed Territories
Introductory Notes
Disputed territories play a central—and often volatile—role in peace negotiations. These disputes are frequently at the heart of both interstate and intrastate conflicts, driven by historical claims, ethnic divisions, colonial legacies, and strategic interests. In many cases, parties may not even enter negotiations because there are no agreed-upon parameters for discussing disputed territories—particularly when one or both sides categorically reject options such as territorial concessions, land swaps, or the establishment of international administration. Disputes concerning borders and territories are often linked with economic interests. Such territories may be rich in mineral resources, they may provide access to the sea, or may be located in strategic areas.
Despite the challenges, in peace negotiations, territorial disputes can be both obstacles and opportunities. On the one hand, they represent deeply entrenched grievances that are difficult to resolve due to national pride, identity, and legal ambiguity. On the other hand, they offer parties a tangible issue around which compromise can be built—through mechanisms like territorial concessions, autonomy arrangements, joint administration, or international arbitration. When peace agreements incorporate mutually accepted provisions to address contested areas, they help build trust between former adversaries and can play a decisive role in ending hostilities and laying the groundwork for lasting peace.
Definitions
Borders: The demarcation of territorial boundaries that delineate the jurisdictions and rights of sovereign states or entities, including land and maritime boundaries.
Disputed Territories: Areas claimed by two or more parties where control and governance are contested, often leading to conflict. Disputed territories can exist between two states as interstate disputes and/or within one single state as intrastate disputes, for example between different administrative regions or semi-autonomous territories.
Demarcation: The act of marking a boundary between regions, zones, or territories on a map.
Negotiating provisions on Borders and Disputed Territories in a peace process may serve to:
- Foster Conflict Resolution: By clearly defining borders, the agreement seeks to resolve territorial disputes that could help put an end to the ongoing conflict and/or prevent resurgence of conflict.
- Create Legal Certainty: Clear border definitions provide legal clarity regarding jurisdiction and governance, essential for effective administration.
- Facilitate Cooperation: Established borders and protocols for disputed territories can foster economic, environmental, and security collaboration.
- Build Trust: Outlining border arrangements demonstrates a commitment to peaceful coexistence, enhancing mutual trust between parties.
The inclusion of a Disputed Territories and Contested Border Chapter in a peace agreement may serve to:
- Clearly delineate territorial boundaries and resolve ambiguities that could lead to renewed conflict;
- Establish mechanisms for the management of disputed territories, providing structured approaches for governance and control;
- Enhance international legitimacy and support for the peace agreement by clarifying territorial claims;
- Address the rights of affected populations to mitigate the impact of shifting borders and disputed claims by local communities.
Core Issues Addressed
Most peace agreements address the following core issues in a Chapter on Borders and Disputed Territories:
- Recognition of Disputed or Contested Status of Certain Territories and Borders: This section focuses on the parties’ acknowledgement of the status of certain territories and borders as “disputed” or “contested,” opening up space for negotiations.
- Delineating the Border: This section addresses measures, initiatives and tools that the parties may resort to pursue a process of demarcation and mapping of disputed territories.
- Commitment to Delimitation and Demarcation: expresses the willingness of the parties to resort to measures of delimitation and demarcation to solve their disagreements over disputed territories and contested borders.
- Border Demarcation and Mapping: discusses measures to delineate and demarcate territories to move forward with negotiations on the areas identified through this process.
- Disputed Territories: This section outlines various options that the parties may opt for to manage either temporarily or permanently disputed territories with a view to facilitate peaceful coexistence.
- Concessions: outlines provisions for one party to concede control over a territory to another, including terms for the transfer of authority.
- Constitutional Reform or Amendments to National Laws: it may be required that the parties revise national constitutions or laws to clarify territorial boundaries and governance.
- Joint Development Zone: focuses on the joint management of resources in disputed areas to ensure that all parties can take advantage of those territories.
- Transitional Arrangements: focuses on temporary solutions to ease tensions between the parties while negotiating long-term solutions.
- International Adjudication and Arbitration: parties may refer the dispute to super partes institutions which may issue binding or advisory opinions.
- Mechanisms to Monitor Disputed Territories: This section focuses on the establishment of mechanisms tasked with various forms of administration of disputed territories.
- International Mission: refers to missions established under the auspices of organizations like the United Nations specifically, among other tasks, to administer disputed territories;
- International Observers: refers to international actors involved in the monitoring of disputed territories and contested borders;
- Artificial Intelligence, Satellite and Drone Surveillance: refers to the use of artificial intelligence and other technological tools to guarantee security and control of disputed territories.
- Security and Normalization: This section discusses measures for border security and the separation of forces along the border. While details about military separation are often addressed elsewhere in the agreement, this provision focuses on security and normalization measures that outline permitted movement along the border for non-military transport, including people, goods, and vehicles.
Recognition of Disputed or Contested Status of Certain Territories and Borders
Note to Drafters: In many cases, acknowledging the dispute is what allows negotiations to move forward, transforming entrenched conflict into a structured process of resolution. Such recognition does not imply agreement on ownership or sovereignty, but rather acknowledges the existence of competing claims and the need for peaceful resolution. By formally identifying these areas as contested, parties create space for dialogue, reduce the risk of unilateral actions, and open pathways for compromise—whether through joint administration, international arbitration, or phased demarcation.
The Parties acknowledge the existence of [disputed territories] and commit to resolving all outstanding claims through peaceful and negotiated means.
The Parties recognize that the status of [specific territories and borders] is contested and that this dispute is a source of disagreement, tension, and conflict. The Parties commit to resolve their differences with regards to the administration of such territories and borders through peaceful dialogue.
The Parties agree that territorial and border disputes represent one of the major challenges to conflict resolution. A peaceful and negotiated settlement is essential to achieving lasting peace and stability. The Parties commit to addressing all outstanding territorial claims through dialogue, mutual respect, and in accordance with international law. Pending final resolution, the Parties shall refrain from any actions that may escalate tensions or alter the status quo, and shall cooperate in establishing mechanisms for joint administration, monitoring, or third-party mediation where appropriate.
Delineating the Border
Commitment to Delimitation and Demarcation
Note to Drafters: While negotiating territory- or border-related issues can be extremely difficult, parties may find it helpful to take a two-step approach and first focus on negotiating the criteria and factors that shall be taken into account during the process of delimitation and demarcation. These principles will create the conditions for further negotiations.
The Parties agree to initiate a joint process of boundary delimitation and demarcation, based on [mutually agreed upon criteria i.e. historical records, international law norms, past agreements and technical mapping standards] to ensure clarity and prevent future disputes.
The demarcation process shall be conducted in accordance with international best practices and may involve third-party technical experts to ensure neutrality and precision.
The Parties shall ensure that the demarcation exercise contributes to the maintenance of peaceful co-existence between the Parties and the border communities.
The demarcation process shall take into account best practices which seek to maintain the sanctity and cohesion of communities and to foster peaceful co-existence between neighbours.
During the demarcation process, the Parties shall in good faith ensure the proper management of the natural resources [along the border] [and / or] [under their control] and in particular the protection of fragile eco-systems.
The Parties recognize the urgency of demarcating the agreed boundary as referred to [relevant provision] of this Agreement, and shall complete the demarcation within [time] of the commencement of the demarcation exercise.
Border Demarcation and Mapping
Note to Drafters: Parties may agree upon a number of measures, initiatives, and tools to map and demarcate borders. These processes may provide legal clarity and reduce ambiguity. They may also help identify specific areas where to deploy international or regional missions. This process often provides key information to move forward with negotiations and address relevant sovereignty claims.
A [Joint Boundary Commission / Joint Demarcation Committee / Joint Border Committee / Joint Technical Committee] shall be established to oversee the technical and legal aspects of border demarcation, including the use of satellite imagery, GPS coordinates, and community consultations.
A [Joint Boundary Commission / Joint Demarcation Committee / Joint Border Committee / Joint Technical Committee] shall produce a comprehensive plan for undertaking the demarcation exercise. The plan shall include the internal rules of procedures of the [Joint Boundary Commission / Joint Demarcation Committee / Joint Border Committee / Joint Technical Committee] as well as a budget. The plan shall set out in detail the demarcation outputs and processes.
The Parties will establish a [Joint Boundary Commission / Joint Demarcation Committee / Joint Border Committee / Joint Technical Committee] composed of [number] representatives from each Party.
The Parties may agree to seek technical assistance on demarcation from any source they deem suitable for this task, including third-party actors.
The Parties agree to undertake a joint mapping initiative to document territorial boundaries, land ownership, and disputed zones, using satellite imagery, historical records, and community consultations.
A Technical Mapping Team shall be established to coordinate the collection, verification, and digitization of land and boundary data. The Team shall include representatives from both Parties and independent experts.
All mapping and documentation activities shall be conducted in accordance with international technical standards and best practices, ensuring accuracy, neutrality, and accessibility.
Disputed Territories
Concessions
Note to Drafters: This concession language provides a structured approach for one party to transfer control or recognize sovereignty of disputed territories to another. At times, concessions may be linked to constitutional reforms or the enactment of specific laws, through which parties declare their sovereignty over certain disputed territories. Parties may also be required to change specific references to certain territories in their Constitution or national laws which other parties may consider a threat to their sovereignty.
[Party A] shall transfer control of [specified territory] to [Party B], including all administrative, legal, and security responsibilities, under a mutually agreed timeline of [specified timeframe]. This transition will be governed by terms that ensure the protection of rights, assets, and welfare of the residents, with guarantees for continued access to essential services. During the transition period, the Parties will establish a joint commission to monitor compliance, resolve disputes, and facilitate a stable and orderly transfer.
Constitutional Reform or Amendments to National Laws
Note to Drafters: Parties may agree to revise national constitutions or laws to remove references that imply territorial claims over disputed territories. Such amendments may include implicit or explicit concessions of sovereignty.
The Parties agree to initiate a process of constitutional reform to address the status, governance, and rights of [disputed territory], in accordance with democratic principles and inclusive consultation. A detailed timeline for the reform process shall be agreed within [X] months of signing this Agreement. Implementation shall be phased, with priority given to legal recognition, administrative autonomy, and human rights protections.
The Parties agree that they will amend national laws to omit references to the [disputed territories].
Joint Development Zone
Note to Drafters: Parties may conclude that cooperation shall prevail over sovereignty claims and consequently they may set up mechanisms to manage the joint management of resources found in specific territories.
The Parties agree to establish a Joint Development Zone (JDZ) within the contested territory, pending final resolution of sovereignty claims. This zone shall be jointly administered and governed by a Joint Development Authority (JDA), composed of equal representation from both Parties. The JDZ shall be created to: [Facilitate the peaceful and equitable exploitation of natural resources.] [Promote economic cooperation and mutual benefit.] [Prevent unilateral actions that could escalate tensions or prejudice final status negotiations.] The establishment of the JDZ shall not prejudice the legal positions of either Party regarding sovereignty. All activities within the zone shall be conducted without reference to or implication of territorial ownership. The Parties shall agree on a formula for sharing revenues generated from the JDZ, based on principles of equity and transparency. Resource extraction, environmental protection, and infrastructure development shall be jointly planned and regulated. Any disputes arising from the operation of the JDZ shall be resolved through a designated arbitration panel or other mutually agreed mechanism. The panel shall operate independently and issue binding decisions. The JDZ shall operate for an initial period of [number of] years, subject to renewal or termination by mutual consent. A formal review shall be conducted every [number of] years to assess performance, compliance, and progress toward a final territorial settlement.
Transitional Arrangements
Note to Drafters: Transitional arrangements may be used to defuse tensions over specific territories and open up space for negotiations. These arrangements are usually practical and give parties time to negotiate the final status of disputed borders or territories without losing their sovereignty claim or control. Often transitional arrangements are tied to security concerns as parties may agree to create a space free from military presence, which can serve as a buffer to reduce tensions between the parties.
The Parties agree to establish a secure and demilitarized corridor to facilitate civilian, humanitarian, and commercial transit between [Territory A] and [Territory B]. The corridor shall be [number] kilometers wide and shall be jointly monitored by designated authorities. [Citizens, vehicles, and goods] shall be permitted to transit through the corridor without undue delay or obstruction. [Both] Parties shall refrain from imposing discriminatory restrictions or fees. A [neutral third-party mission], under the auspices of [United Nations, international organization or regional organization], shall oversee the corridor’s operation and ensure compliance with agreed protocols. This arrangement shall remain in effect for a period of [number] years, subject to renewal or modification by mutual consent. A joint review shall be conducted annually to assess effectiveness and address concerns. The establishment of the corridor shall not affect the legal positions of either Party regarding sovereignty or territorial claims. It is a temporary measure aimed at facilitating peaceful coexistence and dialogue.
The Parties agree to establish buffer zones along [designated areas] to prevent hostilities, reduce tensions, and facilitate the implementation of this Agreement. These zones shall be demilitarized and subject to [i.e. regional or international monitoring]. The buffer zone shall extend [number] kilometers from the agreed line of separation, as defined in this Agreement. Detailed maps and coordinates shall be appended to this Agreement and jointly verified by the Parties and [i.e. the Monitoring Mission]. Within the buffer zone, the following shall be strictly prohibited: [Deployment of armed forces or paramilitary units]; [Construction of military infrastructure or fortifications]; [Conduct of military exercises or maneuvers]; [Placement of mines or other explosive devices.] The buffer zone shall be monitored by a neutral third-party mission under the auspices of [regional or international organization i.e. United Nations, African Union, OSCE]. The Monitoring Mission shall have full access to the zone and authority to investigate violations, report findings, and recommend corrective measures. Civilian access to the buffer zone shall be permitted for humanitarian, agricultural, and livelihood purposes, subject to prior notification and coordination with the Monitoring Mission. The Parties shall ensure that such access is safe and non-disruptive. The buffer zone shall remain in effect for an initial period of [number] [months / years], subject to renewal or modification by mutual agreement. A joint review shall be conducted every [number] months to assess compliance and consider adjustments. The establishment of the buffer zone shall not affect the sovereignty, territorial claims, or legal positions of either Party. It is a temporary confidence-building measure aimed at supporting peace and stability.
The Parties agree to establish a Neutral Zone along the [defined area], where neither Party shall exercise full jurisdiction or deploy armed forces, except as agreed upon jointly for limited security purposes. This Neutral Zone will be governed by jointly-established protocols to regulate movement, resource management, and temporary access for residents, subject to periodic review and mutual consent.
The Parties shall designate a Neutral Zone, demarcated by [specify boundary markers or coordinates], which will remain demilitarized and managed by a joint committee with representatives from [both] Parties. Access to and activities within the Neutral Zone will require joint approval, and the committee will review the zone’s status [annually] to ensure adherence to agreed terms.
International Adjudication and Arbitration
Note to Drafters: Parties may refer territorial disputes to international adjudication or arbitration. Based on the mechanism they refer such disputes to, the decisions may be binding or advisory. Parties may also establish whether they consider the decisions made by the relevant mechanisms binding or not beforehand.
The dispute concerning the sovereignty over [territories] shall be submitted to the International Court of Justice (ICJ) [or another mutually agreed international tribunal]. The decision rendered shall be final and binding on the Parties.
The Parties are committed to a peaceful resolution of pending territorial disputes. In the event that a resolution is not mutually agreed upon, the Parties may jointly request arbitration by [the Permanent Court of Arbitration or another competent international entity]. While not binding, the opinion shall serve as a guiding interpretation for the Parties in good faith.
The Parties may refer disputes to an international adjudicative entity for an advisory opinion. If both Parties agree in advance, the opinion shall be treated as binding and enforceable under international law.
Mechanisms to Monitor Disputed Territories
International Mission
Note to Drafters: International missions may be deployed to help stabilize fragile situations in disputed territories or along contested borders and ensure that existing tensions do not escalate.
The Parties agree to the deployment of a United Nations peacekeeping mission to maintain stability within [the disputed territory]. The mission shall have full freedom of movement, authority to investigate violations, and responsibility to report findings to the UN Security Council. All Parties shall refrain from actions that undermine the mission’s authority and shall facilitate access to all relevant areas.
The Parties agree to the deployment of a NATO-led international mission to monitor the disputed territory. The mission shall operate under a mandate consistent with international law [and relevant UN Security Council resolutions]. It shall maintain security, monitor ceasefire compliance, and facilitate humanitarian access, with regular reporting to NATO [and the UN].
The Parties shall invite the African Union to deploy a regional peace support operation to monitor the disputed territory. The mission shall include military, police, and civilian components tasked with observing ceasefire arrangements, protecting civilians, and supporting local governance. Coordination with UN and regional actors shall be ensured.
International Observers
Note to Drafters: To ensure transparency, build confidence, and prevent escalation in disputed territories, the parties may agree to invite international observers to monitor developments in disputed territories. Such observers may be involved in reporting on the security and humanitarian situation, and facilitating communication between the parties.
The Parties shall invite international civilian observers, under the auspices of the [international or regional organization] [or other agreed institutions], to monitor the situation in [disputed territories]. Observers shall have secure and unrestricted access to all areas, including border zones, and shall be equipped with technical assets and surveillance cameras. Their mandate shall include reporting on military movements, humanitarian conditions, and compliance with ceasefire terms.
A [Multinational Force and Observers-style] mechanism shall be established to monitor compliance with territorial arrangements. This force shall be composed of personnel from multiple states, operate under a neutral mandate, and report findings to both Parties and designated international entities. It shall not exercise sovereignty but shall ensure transparency and stability.
Artificial Intelligence, Satellite and Drone Surveillance
Note to Drafters: Especially considering recent developments relating to new AI technologies, a vast array of technological devices and tools may be employed to monitor contested borders and disputed territories.
The Parties authorize the use of [AI tools, satellite imagery, and drone-based surveillance] to monitor [disputed territories]. These technologies shall be operated by neutral third parties and used to detect unauthorized military activity, environmental degradation, and infrastructure changes. Data collected shall be shared transparently with all stakeholders and used to inform diplomatic consultations and early warning systems.
Security and Normalization
Note to Drafters: Border agreements often address border security and a separation of forces along the border. Usually, the mechanics and specifics of a separation of forces or disarmament are addressed in other parts of a peace agreement. Therefore, this provision tends to focus on security and normalization measures along the border.
Parties shall establish checkpoints for crossing points of the [boundary name]. Each Party will be responsible for monitoring these checkpoints in efforts to hinder illegal trade and smuggling, illegal trafficking of persons, and infiltration of armed factions. The Parties shall not amass troops within [distance, e.g. number of miles, kilometers, or other measurement standard] of the border. Only border security forces will be permitted in this zone.