Law-Rest in Peace? Legal Normativity in the Resolution of Internal Armed Conflicts

Released on by Philipp Kastner
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  • Law-Rest in Peace? Legal Normativity in the Resolution of Internal Armed Conflicts Book Detail

  • Author : Philipp Kastner
  • Release Date : 2014
  • Publisher :
  • Genre :
  • Pages :
  • ISBN 13 :
  • File Size : 37,37 MB
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Law-Rest in Peace? Legal Normativity in the Resolution of Internal Armed Conflicts by Philipp Kastner PDF Summary

Book Description: "This thesis deals with the creation and role of legal norms in the context of the peaceful resolution of internal armed conflicts. Peace negotiations aiming to resolve internal armed conflicts are a complex and multifaceted enterprise. They are also of great consequence, since their outcome - ideally the conclusion of a workable and widely accepted peace agreement - determines whether violence will resume or whether durable, positive peace is given a real chance. The negotiations leading to the conclusion of such legal documents are still poorly understood, especially from a legal perspective. They have been mainly considered and analyzed as political processes to solve political problems, with law offering only a utopian ought perspective and playing a subordinate role because of the crushing grip of political necessity. Peace negotiations are, however, not detached from the realm of law but take place within a legal-normative framework. Failing to recognize the existence and importance of this normative framework, its use and continuous development would misconceive the reality of peace negotiations and would miss the central contribution that law can - and ought to - make to the resolution of internal armed conflicts.In addition to realizing the value of a relatively formal and clear legal framework anchored in international law, this thesis argues that orthodox legal theory cannot fully account for the normative dynamics of peace negotiations. Instead, a socio-legal and pluralistic understanding of law with a focus on human interaction is better suited to analyze the conduct and role of peace negotiators and mediators. Such a process-oriented approach allows us to recognize the norm-creative capacity of the actors involved and to appreciate, more generally, the normative dynamics of peace negotiations. By exploring these dynamics, this thesis aims to contribute to a better understanding of how legal norms are created and what role they play in peace negotiations as well as to enhance the legitimacy and effectiveness of these negotiations." --

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Jus Post Bellum

Jus Post Bellum

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Jus post bellum is the body of international legal norms and rules of international law that applies to a post-conflict situation as it moves to a status of pea