- ISBN 10: 0199226830
- ISBN 13: 9780199226832
This book describes and evaluates the development of contemporary peace processes and the peace agreements that emerge, from a legal perspective. It sets out 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 an enforcement or implementation role; second, international law has a regulatory relationship to peace agreement negotiating, and content. International law regulates self-determination, transitional justice, and the role of third parties, all key elements in peace agreements.
The book documents and analyses these two roles of law to reveal a complex and dynamic relationship between the peace agreement as legal document and the regulatory role of international law. 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 the law of peace as merely 'the rest of international law' once the laws of war are subtracted.
- Publisher: Oxford University Press
- Language: Eng English
- Format: print
- Edition: 1
- Dimensions: xxvi, 383 p. ; 25 cm.
- Pages: 200
- Date Published: 2008
- Authors: Christine Bell