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The interplay between peace and justice plays an important role in
any contemporary conflict. Peace can be described in a variety
ways, as being 'negative' or 'positive', 'liberal' or 'democratic'.
But what is it that makes a peace just? This book draws together
leading scholars to study this concept of a 'just peace', analysing
different elements of the transition from conflict to peace. The
volume covers six core themes: conceptual approaches towards just
peace, macro-principles, the nexus to security and stability,
protection of persons and public goods, rule of law, and economic
reform and accountability. Contributions engage with understudied
issues, such as the pros and cons of robust UN mandates, the link
between environmental protection and indigenous peoples, the
treatment of illegal settlements, the feasibility of vetting
practices, and the protection of labour rights in post-conflict
economies. Overall, the book puts forward a case that just peace
requires not only negotiation, agreement, and compromise, but
contextual understandings of law, multiple dimensions of justice,
and strategies of prevention. This is an open access title
available under the terms of a CC BY-NC-ND 4.0 International
licence. It is offered as a free PDF download from OUP and selected
open access locations.
This is an open access title available under the terms of a CC
BY-NC-ND 4.0 licence. It is free to read at Oxford Scholarship
Online and offered as a free PDF download from OUP and selected
open access locations. The successful transition from armed
conflict to peace is one of the greatest challenges of contemporary
warfare. The laws and principles governing transitions from
conflict to peace (jus post bellum) have only recently gained
attention in legal scholarship. There are three key questions
concerning the core of jus post bellum: the law ('jus'), the
temporal aspect ('post'), and different types of armed conflict
('bellum') involved. This book explores the different legal
meanings and components of the concept, including its implications
in contemporary politics and practice. The book provides a detailed
understanding of the development and nature of jus post bellum as a
concept, including its foundations, criticisms, and relationship to
related concepts (such as transitional justice, and the
responsibility to protect). It investigates the relationship of the
concept to jus ad bellum and jus in bello, and its relevance in
internal armed conflicts and peacebuilding. There are significant
problems brought about in relation to the ending of conflict,
including indicators for the end of conflict, exit strategies, and
institutional responses, which are also assessed. The book
identifies the key components of a 'jus', drawing on disparate
bodies and sources of international law such as peace agreements,
treaty law, self-determination, norms governing peace operations
and the status of foreign armed forces, environmental law, human
rights, and amnesty law. Taking into account perspectives from
multiple disciplines, the book is important reading for scholars,
practitioners, and students across many fields, including peace and
conflict studies, international relations, and international
humanitarian law.
This is an open access title available under the terms of a CC
BY-NC-ND 4.0 International licence. It is free to read at Oxford
Scholarship Online and offered as a free PDF download from OUP and
selected open access locations. Environmental protection is
fundamental for the establishment of sustainable peace. Applying
traditional legal approaches to protection raises particular
challenges during the transition from conflict to peace. In the jus
post bellum context, protection of the environment and natural
resources needs to be considered in tandem with a broad range of
simultaneously applicable normative frameworks, such as human
rights, transitional justice, arms control/disarmament, UN law and
practice, development, and domestic law. While certain multilateral
environment agreements, such as the Convention Concerning the
Protection of the World Cultural and Natural Heritage protect the
environment; international humanitarian law and international
criminal law continue to treat environmental protection largely
from an anthropocentric perspective. This book is the first
targeted work in the legal literature that investigates
environmental challenges in the aftermath of conflict. Addressing
these challenges, it brings together academics, policy-makers, and
practitioners from different disciplines to clarify policies and
practices of environmental protection and key normative frameworks.
It draws on experiences and practices in post-conflict settings to
specify substantive principles and techniques to remedy and prevent
harm.
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