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Author : Morten Bergsmo,Pablo Kalmanovitz
Publisher : Torkel Opsahl Academic EPublisher
Page : 460 pages
File Size : 50,6 Mb
Release : 2010-07-23
Category : Law
ISBN : 9788293081098
Author : Morten Bergsmo (jurist)
Publisher : Unknown
Page : 262 pages
File Size : 50,8 Mb
Release : 2009
Category : Electronic
ISBN : OCLC:697445209
Author : Christine Bell
Publisher : OUP Oxford
Page : 410 pages
File Size : 42,5 Mb
Release : 2008-09-25
Category : Law
ISBN : 9780191551604
This book provides a comprehensive analysis of the use of peace agreements from a legal perspective. It describes and evaluates the development of contemporary peace processes and the peace agreements that emerge. The book sets out what is in essence an anatomy of peace agreement practice and interrogates its relationship to law. At its heart the book grapples with the role of law in ending violent conflict and the broader questions this raises for the relationship of law to social change. Law potentially 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 its regulatory guise. International Law regulates self-determination, transitional justice, and the role of third parties. The book documants and analyses these two roles of law. In doing so, the book reveals a complex dynamic relationship between the peace agreement as a legal document and the role of international law in which international law and concepts of domestic constitutionalism are being re-shaped. The practice of negotiating peace agreements is argued to be producing a new law of the peacemaker-or lex pacificatoria that connects developments in international law with new forms of domestic constitutional law in a set of hybrid relationships. This law of the peacemaker potentially forms part of a broader 'law of peace' that moves beyond the traditional concept of law of peace as merely 'the rest of international law' once the laws of war are subtracted. The new lex pacificatoria stands as an account of the way in which international law shapes and is shaped by peace agreements. The book proposes an ambivalent response to 'this new law' which connects to contemporary debates about the force of international law and its appropriate relationship with domestic constitutonalism.
Author : Paul R. Williams
Publisher : Cambridge University Press
Page : 313 pages
File Size : 46,9 Mb
Release : 2021-12-16
Category : Law
ISBN : 9781108478236
How do parties to peace negotiations actually build durable peace and what conundrums must they solve to achieve durable peace?
Author : Sven M. G. Koopmans
Publisher : Oxford University Press
Page : 312 pages
File Size : 53,6 Mb
Release : 2018-07-12
Category : Political Science
ISBN : 9780192561619
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 : César Rojas-Orozco
Publisher : BRILL
Page : 205 pages
File Size : 51,9 Mb
Release : 2021-07-05
Category : Law
ISBN : 9789004440531
In International Law and Transition to Peace in Colombia, César Rojas-Orozco analyses the role of international law in transition from armed conflict to peace, by using the analytical framework of jus post bellum and Colombia as a case study. While contemporary attention to jus post bellum has focused on its theoretical development and regarding international warfare, this book is the first work to comprehensively assess the concept in practice and in the context of a non-international armed conflict. Discussing the creative formulas adopted in Colombia to conciliate international legal requirements and the practical needs of peace, the book offers concrete elements to understand the concept of jus post bellum as a framework to guide other transitions around the world.
Author : Randall Lesaffer
Publisher : Cambridge University Press
Page : 505 pages
File Size : 49,9 Mb
Release : 2004-08-19
Category : Law
ISBN : 9781139453783
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 : Marc Weller,Mark Retter,Andrea Varga
Publisher : Cambridge University Press
Page : 1120 pages
File Size : 49,7 Mb
Release : 2021-01-31
Category : Law
ISBN : 1108498043
Author : Coleman Phillipson
Publisher : The Lawbook Exchange, Ltd.
Page : 506 pages
File Size : 47,5 Mb
Release : 2008
Category : Law
ISBN : 9781584778608
This valuable text considers methods of terminating wars with and without treaties of peace, and also offers a study of the methods of negotiation, the drafting of treaties and the nature of treaties of peace. Reprint of the sole edition (1916). "It would obviously not be useful to attempt here anything like an inventory or abstract of the contents of a book which is not an argumentative treatise but a storehouse of precedents, and whose value depends on the details being ample and fully verified. Enough to say that it will be of the greatest use to diplomatists and publicists at that uncertain date which will be fixed, the sooner the better, by the definite victory of the Allies."- Law Quarterly Review 33 (1917) 100 Coleman Phillipson [1878-1945], a barrister of the Inner Temple, was the editor of Wheaton's Elements of International Law 5th edition (1915) and the author of numerous titles including International Law and the Great War (1915, reprinted by The Lawbook Exchange 2005) and The International Law and Custom of Ancient Greece and Rome (1911). CONTENTS PART I. Termination of War by Mere Withdrawal from Hostilities; or by Conquest and Subjugation I. Termination of War by Reciprocal Intermission of Hostilities II. Termination of War by Conquest and Subjugation III. Premature Annexation. Views as to Validity of Conquests IV. Main Effects of Conquest and Subjugation with Regard to State Succession Part II. Termination of War by Treaties of Peace. How They Come to be Made; Their Contents; and Their Effects I. Armistice Conventions II. Interposition of Third Powers III. Preliminaries of Peace IV. Constitution and Procedure of the Peace Conference. General Principles V. Peace Negotiations. Notable Examples from Previous Wars VI. The Treaty of Peace. General Principles Treaty-Making Power, Nature of Treaties of Peace, their Binding Force, Form and Parts. Language. Interpretation. VII. The Treaty of Peace. General Principles (continued). Date of Peace. Ratification. Means of Ensuring Performance VIII. The Treaty of Peace. Main Clauses and Effects IX. The Treaty of Peace. Main Clauses and Effects (continued) X. The Treaty of Peace. Main Clauses and Effects (continued) XI. Effect of Cession. State Succession: Nationality XII. Effect of Cession. State Succession: Treaties. Public Law and Administration XIII. Effect of Cession. State Succession: State Property. Public Debts. Concessions, Etc. Private Rights APPENDIX Texts of Peace Treaties Frequently Referred to in the Course of the Work INDEX of Subject-Matter INDEX of Treaties, Preliminaries of Peace, Conferences, and Congresses
Author : Jorge Luis Fabra-Zamora,Andrés Molina-Ochoa,Nancy C. Doubleday
Publisher : Routledge
Page : 323 pages
File Size : 55,5 Mb
Release : 2021-04-28
Category : Political Science
ISBN : 9781000375206
This book is the first systematic, interdisciplinary examination of the peace agreement signed between the Colombian Government and the Revolutionary Armed Forces of Colombia to end one of the largest and most violent conflicts in the Western Hemisphere. It discusses the achievements, failures, and challenges of this innovative peace agreement and its implications for Colombia’s future. Contributors include negotiators of the Agreement, judges of the Special Jurisdiction for Peace, representatives of the civil society, and leading academic experts in peace studies, human rights, international law, criminal law, transitional justice, political science, and philosophy. Based on the premise that peace is a form of transferable social knowledge, and therefore necessitates transformative social learning, the volume also discusses what other countries can learn from the Colombian experience. This book will be of much interest to students of peace and conflict studies, transitional justice, Latin American politics, human rights, civil wars and International Relations.
Author : Sven M. G. Koopmans
Publisher : Oxford University Press
Page : 364 pages
File Size : 51,5 Mb
Release : 2018-07-18
Category : Political Science
ISBN : 9780192561626
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 : Mark Freeman,Iván Orozco
Publisher : Cambridge University Press
Page : 267 pages
File Size : 48,8 Mb
Release : 2020-01-16
Category : History
ISBN : 9781107187566
An original theory and set of essays on negotiating transitional justice, drawing on the authors' first-hand experience of Colombia's peace talks.
Author : Steven van Hoogstraten,Nico Schrijver,Otto Spijkers,Anneleen de Jong
Publisher : Martinus Nijhoff Publishers
Page : 238 pages
File Size : 54,6 Mb
Release : 2016-12-08
Category : Law
ISBN : 9789004321243
This unique volume looks at international peace treaties, at their results, effects and failures. It reflects the outcome of an international conference held in the Peace Palace (The Hague) on the occasion of the Centenary of this institution, which opened its doors on the eve of World War I.
Author : Mark Kersten
Publisher : Oxford University Press
Page : 273 pages
File Size : 42,8 Mb
Release : 2016-08-04
Category : Law
ISBN : 9780191082948
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.
Author : Anonim
Publisher : ICHRP
Page : 178 pages
File Size : 45,5 Mb
Release : 2006
Category : Human rights
ISBN : 9782940259717
