On the Law of Peace

On the Law of Peace PDF Author: Christine Bell
Publisher: OUP Oxford
ISBN: 0191551600
Category : Law
Languages : en
Pages : 410

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Book Description
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.

On the Law of Peace

On the Law of Peace PDF Author: Christine Bell
Publisher: OUP Oxford
ISBN: 0191551600
Category : Law
Languages : en
Pages : 410

Get Book Here

Book Description
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.

 PDF Author:
Publisher: Human Rights Watch
ISBN:
Category :
Languages : en
Pages : 92

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Book Description


Under Cover of War

Under Cover of War PDF Author: Human Rights Watch (Organization)
Publisher: Human Rights Watch
ISBN: 1564324621
Category : Al-Aqsa Intifada, 2000-
Languages : en
Pages : 32

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Book Description
Methodology -- Unlawful violence against political rivals in Gaza -- Legal standards -- Recommendations.

Internal Fight

Internal Fight PDF Author:
Publisher: Human Rights Watch
ISBN:
Category :
Languages : en
Pages : 115

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Book Description


Detainees Denied Justice

Detainees Denied Justice PDF Author: Gerald Simpson
Publisher: BRILL
ISBN: 9004480110
Category : Law
Languages : en
Pages : 453

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Book Description
This book was originally researched by the author for the Palestinian Human Rights Monitoring Group. The aim was to analyse the Palestinian High Court's judgments ordering the Palestinian Authority to release Palestinian political prisoners whose penal procedural rights - together with the High Court's judgments - have been disregarded by the Palestinian Authority since 1996. With a view to providing practical recommendations to all parties responsible, the book includes the following features: - an introduction to the political and legal contexts and an independent summary analysing the findings of the research; - tables presenting all High Court cases dealing with Palestinian political prisoners detained in the Palestinian Territories handed down between 30 November 1997 and 13 June 2000; - 17 translations and analyses of pleadings to and judgments of the High Court; - transcripts of interviews with High Court judges and lawyers; - summaries and translations of applicable penal procedural law in force in the Gaza Strip and the West Bank; - a full new translation of the Draft Palestinian Judicial Authority Law; - presentation and analysis of provisions of the Israeli-Palestinian Peace Agreements relating to criminal and security jurisdiction in the Palestinian Territories.

Journal of Palestine Studies

Journal of Palestine Studies PDF Author:
Publisher:
ISBN:
Category : Arab-Israeli conflict
Languages : en
Pages : 440

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Book Description


Negotiating Arab-Israeli Peace, Second Edition

Negotiating Arab-Israeli Peace, Second Edition PDF Author: Laura Zittrain Eisenberg
Publisher: Indiana University Press
ISBN: 0253004578
Category : History
Languages : en
Pages : 452

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Book Description
Thoroughly updated and expanded, this new edition of Negotiating Arab-Israeli Peace examines the history of recurrent efforts to resolve the Arab-Israeli conflict and identifies a pattern of negative negotiating behaviors that seem to repeatedly derail efforts to achieve peace. In a lively and accessible style, Laura Zittrain Eisenberg and Neil Caplan examine eight case studies of recent Arab-Israeli diplomatic encounters, from the Egyptian-Israeli peace of 1979 to the beginning of the Obama administration, in light of the historical record. By measuring contemporary diplomatic episodes against the pattern of counterproductive negotiating habits, this book makes possible a coherent comparison of over sixty years of Arab-Israeli negotiations and gives readers a framework with which to assess the relative strengths and weaknesses of peace-making attempts, past, present, and future.

International Law and the Arab-Israeli Conflict

International Law and the Arab-Israeli Conflict PDF Author: Robbie Sabel
Publisher: Cambridge University Press
ISBN: 1108486843
Category : History
Languages : en
Pages : 465

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Book Description
An insider's look at the role international law plays in Arab-Israeli negotiations in the Middle East.

Back Channel Negotiation

Back Channel Negotiation PDF Author: Anthony Wanis-St. John
Publisher: Syracuse University Press
ISBN: 0815651074
Category : Political Science
Languages : en
Pages : 370

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Book Description
Wanis-St. John takes on the question of whether the complex and often perilous, secret negotiations between mediating parties prove to be an instrumental path to reconciliation or rather one that disrupts the process. Using the Palestinian-Israeli peace process as a frame­work, the author focuses on the uses and misuses of “back channel” negotiations. Wanis-St. John discusses how top level PLO and Israeli government officials often resorted to secret negotiation channels even when they had designated, acknowledged negotiation teams already at work. Intense scrutiny of the media, pressure from con­stituents, and the public’s reaction, all become severe constraints to the process, causing leaders to seek out back channel negotiations. The impact of these secret talks on the peace process over time has largely been unexplored. Through interviews with major negotia­tors and policymakers on both sides and a detailed history of the conflict, the author analyzes the functions and consequences of back channel negotiations. Wanis-St. John reveals the painful irony that these methods for peacemaking have had the unintended effect of inflaming the conflict and sustaining its intractability.

Conflicted are the Peacemakers

Conflicted are the Peacemakers PDF Author: Eric N. Budd
Publisher: Bloomsbury Publishing USA
ISBN: 1441113193
Category : Political Science
Languages : en
Pages : 288

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Book Description
The 1993 Oslo Accords were a key attempt to resolve the Palestinian-Israeli conflict whose failure was largely attributed to extremists on both sides. The book challenges this conventional wisdom by examining the role of Israeli and Palestinian peacemakers themselves in derailing the peace process. Looking at the role of moderates before and after Oslo, the different agreements and peace proposals they negotiated, and their rhetoric, the book shows that these peacemakers retained an inherent ambivalence toward the peace process and one another. This prevented them and their constituents from committing to the process and achieving a lasting peace. This unique survey shows how the people who drive the peace process can not only undermine it, but also prevent its successful conclusion. By dealing with such an important aspect of negotiation, the book will foster a better understanding of the role of moderates and why peace processes may falter. It will fill a gap in the literature and be a valuable research tool for anyone studying conflict processes, the Arab-Israeli conflict, and Middle East politics.