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Law in the Twilight: International Courts and Tribunals, the Security Council and the Internationalisation of Peace Agreements between State and Non-State Parties


ISBN13: 9781108440288
Published: January 2020
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback (Hardback in 2018)
Price: £30.99
Hardback edition , ISBN13 9781108424462



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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.

  • Offers new perspectives on the relation between contemporary peace agreements and constitution making
  • Discusses detailed examples of how international courts and tribunals have dealt with peace agreements between state and non-state parties
  • Provides in-depth analysis of the United Nations Security Council's involvement during the negotiation and implementation of peace agreements

Subjects:
Public International Law
Contents:
1. Peace agreements between state and non-state parties – a research endeavour
2. General considerations for approaching the internationalisation and legislation of peace agreements between state and non-state parties
3. Only scraps of paper? How international courts and tribunals treat peace agreements between state and non-state parties
4. The Security Council and the internationalisation of peace agreements between state and non-state parties