Law in the Twilight
Subtitle: International Courts and Tribunals, the Security Council, and the Internationalisation of Peace Agreements Between State and Non-State Parties
Publisher: Cambridge University Press
Published: 2018
Language: eng
Number of pages: 274
ISBN-13: 9781108424462
Subjects: National security council (u.s.); Peace treaties; Pacific settlement of international disputes; International courts; Conflict management; Peace
Description: "An informative book focusing on the internationalisation and legalisation of peace agreements to settle intra-state conflicts between state and non-state parties. Cindy Wittke focuses on two key issues: how international courts and tribunals deal with peace agreements; and what implications the United Nations Security Council's involvement in the negotiation and implementation of peace agreements has for the agreements' legal nature, the status of the non-state parties to agreements and the interpretation of peace agreements. Wittke argues that the processes of negotiating and implementing peace agreements between state and non-state parties create new spheres, spaces and forms of post-conflict law making and law enforcement. For example, contemporary peace agreements can simultaneously take the form and function of internationalised transitional constitutions and agreements governed by international law. The resulting characteristics of contemporary peace agreement lead to permanent ambiguities shaping their interpretation and enforcement"--

"Peace Agreements between State and Non-State Parties: a Research Endeavour According to the United Nations Peacemaker Peace Agreements Database, more than six hundred peace agreements have been negotiated to settle intra-state conflicts since 1989. Consequently, contemporary post-Cold War peace agreements became objects of political science research focused inter alia on the causes and consequences of intra- state conflicts, the ripeness of conflict parties and constellations for entering into negotiated peace processes, the determinants of the success or failure of peace agreements and peace processes, and the role of external actors in negotiating and implementing peace agreements. International legal scholarship, in contrast, has only hesitantly dealt with the challenges of internationalised and legalised practices of post- Cold War peace agreements. Initially, individual works on peace agreements did not refer to, or enter into dialogue with, each other. Instead of seeking to unpack shared legalised features of peace agreements or find common ground for their legal analysis from a comparative perspective, most authors stressed the singularity of the respective conflict and agreement/s"--