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Peacemaking, Power-sharing and International Law
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.
Interpretation in International Law
International lawyers have long recognised the importance of interpretation to their academic discipline and professional practice. As new insights on interpretation abound in other fields, international law and international lawyers have largely remained wedded to a rule-based approach, focusing almost exclusively on the Vienna Convention on the Law of Treaties. Such an approach neglects interpretation as a distinct and broader field of theoretical inquiry. Interpretation in International Law brings international legal scholars together to engage in sustained reflection on the theme of interpretation. The book is creatively structured around the metaphor of the game, which captures and illu...
Just Peace After Conflict
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
The Erasure of Arab Political Identity
This book explores the long history of the evolution of Arab political identity, which predates the time of the Prophet Muhammad and is characterized by tolerance, compassion, generosity, hospitality, self-control, correct behaviour, equality and consensus. The author argues that present-day struggles in many Arab countries to redefine polities and politics are related to the fact that the underlying political culture of the Arabs has been overridden for centuries by successive political regimes which have deviated from the original political culture that the Prophet adhered to. The book outlines the political culture that existed before Islam, examines how the Conquests and the rule of the early dynasties (Umayyad and Abbasid) of the Islamic world found it necessary to override it, and analyses the effect of rule by non-Arabs – successively Mamluks, Ottoman Turks and Western colonial powers. It discusses the impact of these distortions on present day politics in the Arab world, and concludes by appealing for a reawakening of, and respect for, the cultural elements underlying the origins of Arab political identity.
Research Handbook on International Law and Peace
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.
Translocal Care across Kosovo’s Borders
In today’s globalized world, where the foundations of home and social security are destabilized due to wars and neoliberal transformations, the villagers of Kosovo are linked with a common locality despite living across borders. By tracing long-distant family relations with a special focus on cross-border marriages, this study looks at the reconfiguration of care relations, gender and generational roles among kin-members of Kosovo, who now live in different European states.
Armed Groups and International Law
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.
Land of Blue Helmets
Born in 1945, the United Nations came to life in the Arab world. It was there that the UN dealt with early diplomatic challenges that helped shape its institutions such as peacekeeping and political mediation. It was also there that the UN found itself trapped in, and sometimes part of, confounding geopolitical tensions in key international conflicts in the Cold War and post–Cold War periods, such as hostilities between Palestine and Iraq and between Libya and Syria. Much has changed over the past seven decades, but what has not changed is the central role played by the UN. This book’s claim is that the UN is a constant site of struggle in the Arab world and equally that the Arab world serves as a location for the UN to define itself against the shifting politics of its age. Looking at the UN from the standpoint of the Arab world, this volume collects some of the finest scholars and practitioners writing about the potential and the problems of a UN that is framed by both the promises of its Charter and the contradictions of its member states. This is a landmark book—a close and informed study of the UN in the region that taught the organization how to do its many jobs.
Stress Testing the Law of the Sea
In Stress Testing the Law of the Sea: Dispute Resolution, Disasters & Emerging Challenges, edited by Stephen Minas and H. Jordan Diamond, leading practitioners and scholars of the law of the sea examine key developments that are placing pressure on the current legal framework. Following an expert preface setting the historical context for the discussion, Part I explores the changing norms of marine dispute resolution – long the foundation of the UNCLOS framework – in an era when the lines between private and public governance are continually shifting and following the landmark South China Sea arbitration. Part II explores emerging issues whose inherent levels of uncertainty challenge the structure of the framework, including climate change, disasters, and expanding energy exploration.
Democracy and Foreign Policy in an Era of Uncertainty
In an era of significant geopolitical shifts, unrelenting violent confrontation, nationalism and identity politics, the institutions in which Canada and its allies have invested significant capital such as trade, political, and security organisations are being tested and stretched to the limit. This edition will look back on Canada’s approach to encouraging democracy abroad, it will consider ways to enhance middle power democracy statecraft in an era of growing international and domestic insecurity, backsliding and populism, and discern patterns and recurring themes in Canadian support for rights and democracy, as well as efforts to grapple with novel trends like digital threats to democracy.
