Peacemaking Power Sharing And International Law

Author : Martin Wählisch
Publisher : Unknown
Page : 0 pages
File Size : 50,8 Mb
Release : 2024-06-29
Category : Humanitarian law
ISBN : 1509914242

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Peacemaking, Power-sharing and International Law by Martin Wählisch Pdf

1. Introduction I. State Transitions, Power-Sharing and International Law -- II. Closing the Gap -- III. Methodology and Scope -- 2. Power-Sharing in Theory and Practice: Concepts, Mechanisms and Legal Challenges -- I. Ethnic and Religious Diversity as a Challenge for International Law -- II. Democracy Theory and the Perspective of Conflict Resolution III. Mechanisms -- IV. The Legal Debate -- V. Conclusion: The Necessity and Challenges of Bridging Interdisciplinary Perspectives -- 3. Power-Sharing on Trial: Sejdic and Finci v Bosnia and Herzegovina -- I. Bosnia and Herzegovina between Transition and Transformation II. Relevant Decisions of Bosnia and Herzegovina's Constitutional Court (1997́€"2009) -- III. ECtHR Definition of Ethnic-Racial Discrimination in Sejdic and Finci -- IV. Justifying Human Rights Restrictions -- V. Post-trial Developments and Constitutional Reform Process -- VI. Conclusion -- 4. Through the Lens of Human Rights Committees: Lebanese Political Confessionalism and Transitional Mechanism -- I. State Stability, Sectarian Traditions and Socio-Political Change -- II. Reports Submitted by Lebanon to the Committee on the Elimination of Racial Discrimination -- III. Debate in the Committee on the Elimination of Racial Discrimination -- IV. Analysis: Confessionalism and Non-Discrimination -- V. Transitional Power-Sharing, Unity Governments, Proportions of High-Level Posts and the Right to Participation -- VI. Proportionality and Time Limitations -- VII. Conclusion -- 5. On the Law of Peace: Parameters, Challenges and Limits -- I. The Quest for Absolute Limitations in Peacemaking -- II. Peremptory Norms and Peacemaking -- III. A Conceptual Model for Reflections about the Law of Peace Debate -- IV. Open Questions and Future Research Agenda -- V. Concluding Remarks.

Author : Martin Wählisch
Publisher : Bloomsbury Publishing
Page : 248 pages
File Size : 50,7 Mb
Release : 2019-09-05
Category : Law
ISBN : 9781509914227

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Peacemaking, Power-sharing and International Law by Martin Wählisch Pdf

This monograph provides a contemporary analysis of the frictions between peacemaking and international human rights law based on the cases of postconflict power-sharing in Lebanon and Bosnia-Herzegovina. In this context it evaluates the long-standing debate in the United Nations and human rights bodies about the 'imperfect peace'. Written from a practitioner–scholarly viewpoint and drawing from new authentic sources, the book describes the mechanisms used in peace agreements and post-conflict constitutions for managing ethnic or religious diversity, explains their legal limits under international human rights law, and provides a conceptual framework for analysing the nexus between law and peacemaking. The book argues that the relationship between the content of peace agreements and post-conflict constitutions, their negotiation process and the element of time, needs to be untangled to better understand the legal limits of statebuilding in the aftermath of armed conflict. It is a key resource for scholars in human rights law and peace and conflict studies, advisers in peace processes, constitution-makers, and peace mediators.

Author : Marc Weller,Mark Retter,Andrea Varga
Publisher : Cambridge University Press
Page : 1120 pages
File Size : 48,7 Mb
Release : 2021-01-31
Category : Law
ISBN : 1108498043

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International Law and Peace Settlements by Marc Weller,Mark Retter,Andrea Varga Pdf

Author : Katharine Fortin,Ezequiel Heffes
Publisher : Edward Elgar Publishing
Page : 341 pages
File Size : 51,9 Mb
Release : 2023-09-06
Category : Law
ISBN : 9781800888340

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Armed Groups and International Law by Katharine Fortin,Ezequiel Heffes Pdf

Through its careful consideration of the status of armed groups within a complex legal landscape, this insightful volume identifies and examines the tensions that arise due to their actions existing across a spectrum of legality and illegality. Considering the number of armed groups currently exercising governance functions and controlling territory and population in the world, its analysis is especially topical. This title contains one or more Open Access chapters.

Author : Cecilia M. Bailliet
Publisher : Edward Elgar Publishing
Page : 608 pages
File Size : 53,8 Mb
Release : 2019
Category : Law
ISBN : 9781788117470

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Research Handbook on International Law and Peace by Cecilia M. Bailliet Pdf

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.

Author : Oliver P. Richmond,Gëzim Visoka
Publisher : Oxford University Press
Page : 705 pages
File Size : 49,6 Mb
Release : 2021
Category : Political Science
ISBN : 9780190904418

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The Oxford Handbook of Peacebuilding, Statebuilding, and Peace Formation by Oliver P. Richmond,Gëzim Visoka Pdf

"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"--

Author : Limor Yehuda
Publisher : Cambridge University Press
Page : 355 pages
File Size : 49,7 Mb
Release : 2023-04-30
Category : Law
ISBN : 9781316514825

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Collective Equality by Limor Yehuda Pdf

This book develops 'Collective Equality' as a new theoretical basis for the law of peace and for transitional justice.

Author : Carsten Stahn,Jens Iverson,Rafael Braga da Silva
Publisher : Oxford University Press
Page : 385 pages
File Size : 45,6 Mb
Release : 2020
Category : Law
ISBN : 9780198823285

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Just Peace After Conflict by Carsten Stahn,Jens Iverson,Rafael Braga da Silva Pdf

As contemporary studies have increasingly viewed just post bellum to the concept of peace, or the law of peace, so opinions concerning what a 'just peace' could look like have diverged. Is it merely an elusive ideal? Or is it predominantly procedural justice? Is it dependent on concessions and compromise? In this volume, the third output of a major research project on Jus Post Bellum, Carsten Stahn, Jens Iverson, and Jennifer Easterday bring together a team of experts to explore the issues surrounding a just peace, what it is composed of, and how it makes itself felt in the modern world, concluding that a just peace is not only related to form and

Author : Karina V. Korostelina,Marc Gopin,Jeffrey W. Helsing,Alpaslan Özerdem
Publisher : Taylor & Francis
Page : 410 pages
File Size : 53,8 Mb
Release : 2024-08-01
Category : Political Science
ISBN : 9781040105856

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Identity and Religion in Peace Processes by Karina V. Korostelina,Marc Gopin,Jeffrey W. Helsing,Alpaslan Özerdem Pdf

This book examines the complex role identity and religion play in global peace processes. Based on multiple case studies, this book unveils the complex role identity and religion play in peace processes across the globe. It demonstrates that the success and sustainability of a peace process depends on the systemic application of the BRIDGE model that is introduced here. This model describes five major strategies (Bonding, Reassuring, Involving, Determining Guides, and Equalizing) and numerous tactics for how peace processes and accords can deal with the central issues as well as important common challenges that run through identity-based ethnonational or religious conflicts. This represents the first comprehensive account of how the transition from enemies to neighbors is achieved and how intergroup relations and engagement are transformed in peace processes, impacting power, access to resources, legitimacy, and representation in national identity. The model also discusses what forms of peacebuilding authentically represent the interests, needs, and values of religious constituencies, and what can be learned from how religious constituencies escalate and de-escalate conflict. The book demonstrates why religion must also be included in peace processes and permanent solutions, owing to religion’s capacity to enhance commitment to bonding and peaceful values, such as justice, compassion, nonviolence, stability, care for children, and care for the environment, for the sick, the wounded, the traumatized, and the bereaved. This book will be of much interest to students of peace studies, intra-state conflict, religion studies, and International Relations.

Author : Jeremy I. Levitt
Publisher : Cambridge University Press
Page : 315 pages
File Size : 49,7 Mb
Release : 2012-01-30
Category : Law
ISBN : 9780521888684

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Illegal Peace in Africa by Jeremy I. Levitt Pdf

This volume examines the legal and political efficacy of transitional political power-sharing between democratically constituted governments and the African warlords, rebels, or junta that seek to violently unseat them. This book addresses this issue and others through the prism of three West African case studies: Liberia, Sierra Leone, and Guinea-Bissau.

Author : Roger Mac Ginty,Anthony Wanis-St. John
Publisher : Springer Nature
Page : 623 pages
File Size : 51,6 Mb
Release : 2022-01-12
Category : Political Science
ISBN : 9783030829629

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Contemporary Peacemaking by Roger Mac Ginty,Anthony Wanis-St. John Pdf

This fully updated third-edition of Contemporary Peacemaking is a state of the art overview of peacemaking in relation to contemporary civil wars. It examines best (and worst) practice in relation to peace processes and peace accords. The contributing authors are a mix of leading academics and practitioners with expert knowledge of a wide arrays of cases and techniques. The book provides a mix of theory and concept-building along with insights into ongoing cases of peace processes and post-accord peacebuilding. The chapters make clear that peacemaking is a dynamic field, with new practices in peacemaking techniques, changes to the international peace support architecture, and greater awareness of key issues such as gender and development after peace accords. The book is mindful of the intersection between top-down and bottom-up approaches to peace and how formal and institutionalized peace accords need to be lived and enacted by communities on the ground.

Author : Oliver P. Richmond,Gëzim Visoka
Publisher : Springer Nature
Page : 1796 pages
File Size : 42,9 Mb
Release : 2022-06-21
Category : Political Science
ISBN : 9783030779542

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The Palgrave Encyclopedia of Peace and Conflict Studies by Oliver P. Richmond,Gëzim Visoka Pdf

This encyclopaedia provides a comprehensive overview of major theories and approaches to the study of peace and conflict across different humanities and social sciences disciplines. Peace and conflict studies (PCS) is one of the major sub-disciplines of international studies (including political science and international relations), and has emerged from a need to understand war, related systems and concepts and how to respond to it afterward. As a living reference work, easily discoverable and searchable, the Palgrave Encyclopedia of Peace and Conflict Studies offers solid material for understanding the foundational, historical, and contemporary themes, concepts, theories, events, organisations, and frameworks concerning peace, conflict, security, rights, institutions and development. The Palgrave Encyclopaedia of Peace and Conflict Studies brings together leading and emerging scholars from different disciplines to provide the most comprehensive and up-to-date resource on peace and conflict studies ever produced.

Author : Chair of International Law and Security Robin Geiß,Robin Geiß,Nils Melzer,Professor of International Law Nils Melzer
Publisher : Oxford University Press, USA
Page : 1197 pages
File Size : 45,5 Mb
Release : 2021-02-16
Category : Law
ISBN : 9780198827276

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The Oxford Handbook of the International Law of Global Security by Chair of International Law and Security Robin Geiß,Robin Geiß,Nils Melzer,Professor of International Law Nils Melzer Pdf

On a global scale, the central tool for responding to complex security challenges is public international law. This handbook provides a comprehensive and systematic overview of the relationship between international law and global security.

Author : O. Richmond
Publisher : Springer
Page : 483 pages
File Size : 46,8 Mb
Release : 2010-01-20
Category : Political Science
ISBN : 9780230282681

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Palgrave Advances in Peacebuilding by O. Richmond Pdf

The quality of the peace arrived at via liberal peacebuilding approaches has been poor. The related statebuilding praxis has generally been unable to respond to its critics. What is at stake is a recognition of peacebuilding's everyday political, social, economic, and cultural dynamics. This indicates the emergence of a post-liberal form of peace.

Author : Mohammad Shahabuddin
Publisher : Cambridge University Press
Page : 379 pages
File Size : 52,5 Mb
Release : 2021-06-10
Category : Law
ISBN : 9781108483674

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Minorities and the Making of Postcolonial States in International Law by Mohammad Shahabuddin Pdf

A critical analysis of how international law operates in the ideology of the postcolonial state to marginalise minority groups.