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Books > Law > International law > Public international law > Treaties & other sources of international law
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On the Law of Peace - Peace Agreements and the Lex Pacificatoria (Hardcover)
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On the Law of Peace - Peace Agreements and the Lex Pacificatoria (Hardcover)
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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.
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