Human Rights and Conflict

Human Rights and Conflict PDF

Author: Julie Mertus

Publisher: US Institute of Peace Press

Published: 2006

Total Pages: 586

ISBN-13: 9781929223770

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'Human rights and conflict' is divided into three parts, each capturing the role played by human rights at a different stage in the conflict cycle.

Negotiating Peace

Negotiating Peace PDF

Author: Renée Jeffery

Publisher: Cambridge University Press

Published: 2021-03-18

Total Pages: 313

ISBN-13: 1108952089

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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.

On the Law of Peace

On the Law of Peace PDF

Author: Christine Bell

Publisher: OUP Oxford

Published: 2008-09-25

Total Pages: 410

ISBN-13: 0191551600

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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.

Peacemaking, Power-sharing and International Law

Peacemaking, Power-sharing and International Law PDF

Author: Martin Wählisch

Publisher: Bloomsbury Publishing

Published: 2019-09-05

Total Pages: 259

ISBN-13: 1509914234

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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.

On the Law of Peace

On the Law of Peace PDF

Author: Christine Bell

Publisher: Oxford University Press on Demand

Published: 2008-09-25

Total Pages: 410

ISBN-13: 0199226830

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Analysing how and why peace agreements are produced, this title focuses on the extent to which they are regulated by law, or impose legally binding obligations.

Ending Civil Wars

Ending Civil Wars PDF

Author: Stephen John Stedman

Publisher: Lynne Rienner Publishers

Published: 2002

Total Pages: 748

ISBN-13: 9781588260833

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"A project of the International Peace Academy and CISAC, The Center for International Security and Cooperation"--P. ii.