Author : Paul R. Williams
Publisher : Cambridge University Press
Page : 313 pages
File Size : 37,66 MB
Release : 2021-12-16
Category : Law
ISBN : 1108478239
How do parties to peace negotiations actually build durable peace and what conundrums must they solve to achieve durable peace?
Author : Christine Bell
Publisher : Oxford University Press
Page : 410 pages
File Size : 36,6 MB
Release : 2008-09-25
Category : Law
ISBN : 0199226830
This book provides a comprehensive analysis of the use of peace agreements from a legal perspective. The book describes and evaluates the development of contemporary peace agreement practice, and the documents which emerge. It sets out what is in essence an anatomy of peace agreement practice, and locates this practice with reference to the role of law. The last fifteen years have seen a proliferation of peace agreements. These peace agreements have been produced as a result of complex peace processes involving multi-party negotiations between the main protagonists of conflict, often with the involvement of international actors. They document attempts to end conflict, and this book argues that they play an underestimated role in a political process that centrally revolves around law. Understanding peace agreements is important to understanding contemporary peace processes. Law plays two key roles with respect to peace agreements: first, to the extent that peace agreements themselves form legal documents, law plays a role in the 'enforcement' or implementation of the peace agreement; second, international law has a relationship to peace agreement negotiation and content, in an enabling or regulatory capacity. The aim of the book is to evaluate the role which law plays both in enforcing peace agreements and through a normative framework which constrains the ways in which they operate. This evaluation reveals a deeper link between the legal status of peace agreements and their normative regulation as mutually shaping, in what is argued to be a developing lex pacificatoria - or law of the peace makers. This lex pacificatoria stands as an account of the way in which international law shapes and is shaped by peace agreements, in ways which impact on contemporary debates about the force of international law.
Author : Marc Weller
Publisher : Cambridge University Press
Page : 1120 pages
File Size : 41,75 MB
Release : 2021-01-31
Category : Law
ISBN : 9781108498043
Author : Sven M. G. Koopmans
Publisher : Oxford University Press, USA
Page : 0 pages
File Size : 11,18 MB
Release : 2023-09
Category : Education
ISBN : 9780198894582
This book is the first and only practical guide to negotiating peace. In this ground-breaking book Sven Koopmans, who is both a peace negotiator and a scholar, discusses the practice, politics, and law of international mediation. With both depth and a light touch he explores successful as well as failed attempts to settle the wars of the world, building on decades of historical, political, and legal scholarship. Who can mediate between warring parties? How to build confidence between enemies? Who should take part in negotiations? How can a single diplomat manage the major powers? What issues to discuss first, what last? When to set a deadline? How to maintain confidentiality? How to draft an agreement, and what should be in it? How to ensure implementation? The book discusses the practical difficulties and dilemmas of negotiating agreements, as well as existing solutions and possible future approaches. It uses examples from around the world, with an emphasis on the conflicts of the last twenty-five years, but also of the previous two-and-a-half-thousand. Rather than looking only at either legal, political or organizational issues, Negotiating Peace discusses these interrelated dimensions in the way they are confronted in practice: as an integral whole. With one leading question: what can be done?
Author : Renée Jeffery
Publisher : Cambridge University Press
Page : 313 pages
File Size : 32,47 MB
Release : 2021-03-18
Category : Law
ISBN : 1108952089
In the past two decades, peace negotiators around the world have increasingly accepted that granting amnesties for human rights violations is no longer an acceptable bargaining tool or incentive, even when the signing of a peace agreement is at stake. While many states that previously saw sweeping amnesties as integral to their peace processes now avoid amnesties for human rights violations, this anti-amnesty turn has been conspicuously absent in Asia. In Negotiating Peace: Amnesties, Justice and Human Rights Renée Jeffery examines why peace negotiators in Asia have resisted global anti-impunity measures more fervently and successfully than their counterparts around the world. Drawing on a new global dataset of 146 peace agreements (1980–2015) and with in-depth analysis of four key cases - Timor-Leste, Aceh Indonesia, Nepal and the Philippines - Jeffery uncovers the legal, political, economic and cultural reasons for the persistent popularity of amnesties in Asian peace processes.
Author : Randall Lesaffer
Publisher : Cambridge University Press
Page : 505 pages
File Size : 41,42 MB
Release : 2004-08-19
Category : Law
ISBN : 1139453785
In the formation of the modern law of nations, peace treaties played a pivotal role. Many basic principles and rules that governed and still govern relations between states were introduced and elaborated in the great peace treaties from the Renaissance onwards. Nevertheless, until recently few scholars have studied these primary sources of the law of nations from a juridical perspective. In this edited collection, specialists from all over Europe, including legal and diplomatic historians, international lawyers and an International Relations theorist, analyse peace treaty practice from the late fifteenth century to the Peace of Versailles of 1919. Important emphasis is given to the doctrinal debate about peace treaties and the influence of older, Roman and medieval concepts on modern practices. This book goes back further in time beyond the epochal Peace of Treaties of Westphalia of 1648 and this broader perspective allows for a reassessment of the role of the sovereign state in the modern international legal order.
Author : Cindy Wittke
Publisher : Cambridge University Press
Page : 277 pages
File Size : 34,3 MB
Release : 2018-06-21
Category : Law
ISBN : 1108424465
Explores which laws and actors govern the negotiation, interpretation and implementation of peace agreements to settle intra-state conflicts.
Author : John J. Maresca
Publisher : BoD – Books on Demand
Page : 131 pages
File Size : 45,30 MB
Release : 2022-03-29
Category : Political Science
ISBN : 3838216326
The “Joint Declaration of Twenty-two States,” signed in Paris on November 19, 1990 by the Chiefs of State or Government of all the countries which participated in World War Two in Europe, is the closest document we will ever have to a true “peace treaty” concluding World War II in Europe. In his new book, retired United States Ambassador John Maresca, who led the American participation in the negotiations, explains how this document was quietly negotiated following the reunification of Germany and in view of Soviet interest in normalizing their relations with Europe. With the reunification of Germany which had just taken place it was, for the first time since the end of the war, possible to have a formal agreement that the war was over, and the countries concerned were all gathering for a summit-level signing ceremony in Paris. With Gorbachev interested in more positive relations with Europe, and with the formal reunification of Germany, such an agreement was — for the first time — possible. All the leaders coming to the Paris summit had an interest in a formal conclusion to the War, and this gave impetus for the negotiators in Vienna to draft a document intended to normalize relations among them. The Joint Declaration was negotiated carefully, and privately, among the Ambassadors representing the countries which had participated, in one way or another, in World War Two in Europe, and the resulting document -- the “Joint Declaration” — was signed, at the summit level, at the Elysée Palace in Paris. But it was overshadowed at the time by the Treaty on Conventional Forces in Europe — signed at the same signature event — and has remained un-noticed since then. No one could possibly have foreseen that the USSR would be dissolved about one year later, making it impossible to negotiate a more formal treaty to close World War II in Europe. The “Joint Declaration” thus remains the closest document the world will ever see to a formal “Peace Treaty” concluding World War Two in Europe. It was signed by all the Chiefs of State or Government of all the countries which participated in World War II in Europe.
Author : Christine Bell
Publisher : Oxford University Press, USA
Page : 438 pages
File Size : 41,14 MB
Release : 2003
Category : History
ISBN : 9780199270965
Don: American Cultural Centre.
Author : Mark Kersten
Publisher : Oxford University Press
Page : 273 pages
File Size : 46,11 MB
Release : 2016-08-04
Category : Law
ISBN : 0191082945
What happens when the international community simultaneously pursues peace and justice in response to ongoing conflicts? What are the effects of interventions by the International Criminal Court (ICC) on the wars in which the institution intervenes? Is holding perpetrators of mass atrocities accountable a help or hindrance to conflict resolution? This book offers an in-depth examination of the effects of interventions by the ICC on peace, justice and conflict processes. The 'peace versus justice' debate, wherein it is argued that the ICC has either positive or negative effects on 'peace', has spawned in response to the Court's propensity to intervene in conflicts as they still rage. This book is a response to, and a critical engagement with, this debate. Building on theoretical and analytical insights from the fields of conflict and peace studies, conflict resolution, and negotiation theory, the book develops a novel analytical framework to study the Court's effects on peace, justice, and conflict processes. This framework is applied to two cases: Libya and northern Uganda. Drawing on extensive fieldwork, the core of the book examines the empirical effects of the ICC on each case. The book also examines why the ICC has the effects that it does, delineating the relationship between the interests of states that refer situations to the Court and the ICC's institutional interests, arguing that the negotiation of these interests determines which side of a conflict the ICC targets and thus its effects on peace, justice, and conflict processes. While the effects of the ICC's interventions are ultimately and inevitably mixed, the book makes a unique contribution to the empirical record on ICC interventions and presents a novel and sophisticated means of studying, analyzing, and understanding the effects of the Court's interventions in Libya, northern Uganda - and beyond.
