International Law in the Transition to Peace

International Law in the Transition to Peace
Author: Carina Lamont
Publisher: Routledge
Total Pages: 245
Release: 2021-11-14
Genre: Law
ISBN: 1000473252

This book proposes a normative framework specifically designed for the complex and legally uncertain time period between armed conflicts and peace. As such, it contributes both to the furthering of a jus post bellum framework, and to enhanced legal clarity in complex and legally uncertain environments. This, in turn, contributes to strengthened protection engagements, and thus to improved prospects of enabling sustainable peace and security in both national and international perspectives. The book offers a novel but persuasive argument for a legal framework specific for transitional environments. Such legal framework, it is argued, is warranted in order to enable legal clarity to contemporary and outstanding legal issues, as well as to furthering peace efforts in complex environments. The legal framework suggested proposes a dividing line between applicable legal frameworks that, it is submitted, enhances both legal clarity on protection engagements and the quest for sustainable peace. The framework proposed is founded on a legal analysis of the protective nature and function of law. It thus provides a rare but important perspective on law that is of value in the quest for sustainable peace and security. The research draws uniquely on both contemporary legal debates, and on peace and conflict research. It does so in order to enable legal analysis that is both legally sound, as well as appropriate and adequate in today’s peace and security realities. The book provides a valuable resource for academics, researchers and policy-makers in the areas of Public International Law, International Humanitarian Law, International Human Rights Law, (the law of) Peace Operations, and Peace and Security Studies.

Women, Peace and Security and International Law

Women, Peace and Security and International Law
Author: Christine Chinkin
Publisher: Cambridge University Press
Total Pages: 211
Release: 2022-03-17
Genre: Law
ISBN: 110848347X

An international legal analysis of the UN Security Council's agenda on Women, Peace and Security (WPS).

Peace Treaties and International Law in European History

Peace Treaties and International Law in European History
Author: Randall Lesaffer
Publisher: Cambridge University Press
Total Pages: 505
Release: 2004-08-19
Genre: 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.

Research Handbook on International Law and Peace

Research Handbook on International Law and Peace
Author: Cecilia M. Bailliet
Publisher: Edward Elgar Publishing
Total Pages: 599
Release: 2019
Genre: Law
ISBN: 1788117476

Peace is an elusive concept, especially within the field of international law, varying according to historical era and between contextual applications within different cultures, institutions, societies, and academic traditions. This Research Handbook responds to the gap created by the neglect of peace in international law scholarship. Explaining the normative evolution of peace from the principles of peaceful co-existence to the UN declaration on the right to peace, this Research Handbook calls for the fortification of international institutions to facilitate the pursuit of sustainable peace as a public good.

On the Law of Peace

On the Law of Peace
Author: Christine Bell
Publisher: Oxford University Press
Total Pages: 410
Release: 2008-09-25
Genre: 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.

Kant and the Law of Peace

Kant and the Law of Peace
Author: C. Covell
Publisher: Springer
Total Pages: 245
Release: 1998-03-04
Genre: Philosophy
ISBN: 0230501869

Kant and the Law of Peace is a critical examination of the jurisprudential aspects of Kant's international thought, with reference to the argument of his treatise Perpetual Peace (1795). Kant's international thought is situated in the wider context of his moral and political philosophy. Particular attention is given to explaining how Kant saw law as providing the basis for peace among men and states in the international sphere, and how, in his exposition of the elements of the law of peace, he broke with the secular natural law tradition of Grotius, Hobbes, Wolff and Vattel.

The Thin Justice of International Law

The Thin Justice of International Law
Author: Steven R. Ratner
Publisher: Oxford University Press, USA
Total Pages: 497
Release: 2015
Genre: Law
ISBN: 0198704046

Offering a new interdisciplinary approach to global justice and integrating the insights of international relations and contemporary ethics, this book asks whether the core norms of international law are just by appraising them according to a standard of global justice grounded in the advancement of peace and protection of human rights.

The Oxford Handbook of Peacebuilding, Statebuilding, and Peace Formation

The Oxford Handbook of Peacebuilding, Statebuilding, and Peace Formation
Author: Oliver P. Richmond
Publisher: Oxford University Press
Total Pages: 705
Release: 2021
Genre: Political Science
ISBN: 0190904410

"The Oxford Handbook of Peacebuilding, Statebuilding, and Peace Formation offers an authoritative and comprehensive overview of peacebuilding, statebuilding, and peace formation. With contributions from over thirty distinguished and leading scholars, the Handbook provides a timely, engaging, and critical overview of conceptual foundations, political implications, and tensions at the global, regional, and local levels. It examines the key policies, practices, examples, and discourses underlining various segments of peacebuilding, statebuilding, and peace formation both as discursive formulations and as policy practices. Organized around four major thematic sections, the Handbook offers a state-of-the-art synthesis of the most pressing contemporary peace and conflict issues and charts new pathways for responding to transnational insecurities"--