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Achieving Peace Or Protecting Human Rights Conflicts Between Norms Regarding Ethnic Discrimination In The Dayton Peace Agreement
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Book Synopsis Achieving peace or protecting human rights? : conflicts between norms regarding ethnic discrimination in the Dayton Peace Agreement by : Gro Nystuen
Download or read book Achieving peace or protecting human rights? : conflicts between norms regarding ethnic discrimination in the Dayton Peace Agreement written by Gro Nystuen and published by . This book was released on 2005 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Protecting Human Rights and Building Peace in Post-Violence Societies by : Nasia Hadjigeorgiou
Download or read book Protecting Human Rights and Building Peace in Post-Violence Societies written by Nasia Hadjigeorgiou and published by Bloomsbury Publishing. This book was released on 2020-02-20 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically examines the relationship between protecting human rights and building peace in post-violence societies. It explores the conditions that must be present, and strategies that should be adopted, for the former to contribute to the latter. The author argues that human rights can aid peacebuilding efforts by helping victims of past violence to articulate their grievance, and by encouraging the state to respond to and provide them with a meaningful remedy. This usually happens either through a process of adjudication, whereby human rights can offer guidance to the judiciary as to the best way to address such grievances, or through the passing and implementation of human rights laws and policies that seek to promote peace. However, this positive relationship between human rights and peace is both qualified and context specific. Through an interdisciplinary and comparative analysis of four case studies, the book identifies the conditions that can support the effective use of human rights as peacebuilding tools. Developing these, the book recommends a series of strategies that peacebuilders should adopt and rely on.
Book Synopsis The Human Rights Treaty Obligations of Peacekeepers by : Kjetil Mujezinović Larsen
Download or read book The Human Rights Treaty Obligations of Peacekeepers written by Kjetil Mujezinović Larsen and published by Cambridge University Press. This book was released on 2012-07-12 with total page 519 pages. Available in PDF, EPUB and Kindle. Book excerpt: Do States, through their military forces, have legal obligations under human rights treaties towards the local civilian population during UN-mandated peace operations? It is frequently claimed that it is unrealistic to require compliance with human rights treaties in peace operations and this has led to an unwillingness to hold States accountable for human rights violations. In this book, Kjetil Larsen criticises this position by addressing the arguments against the applicability of human rights treaties and demonstrating that compliance with the treaties is unrealistic only if one takes an 'all or nothing' approach to them. He outlines a coherent and more flexible approach which distinguishes clearly between positive and negative obligations and makes treaty compliance more realistic. His proposals for the application of human rights treaties would also strengthen the legal framework for human rights protection in peace operations without posing any unrealistic obligations on the military forces.
Book Synopsis Peacemaking, Power-sharing and International Law by : Martin Wählisch
Download or read book Peacemaking, Power-sharing and International Law written by Martin Wählisch and published by Bloomsbury Publishing. This book was released on 2019-09-05 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph provides a contemporary analysis of the frictions between peacemaking and international human rights law based on the cases of postconflict power-sharing in Lebanon and Bosnia-Herzegovina. In this context it evaluates the long-standing debate in the United Nations and human rights bodies about the 'imperfect peace'. Written from a practitioner–scholarly viewpoint and drawing from new authentic sources, the book describes the mechanisms used in peace agreements and post-conflict constitutions for managing ethnic or religious diversity, explains their legal limits under international human rights law, and provides a conceptual framework for analysing the nexus between law and peacemaking. The book argues that the relationship between the content of peace agreements and post-conflict constitutions, their negotiation process and the element of time, needs to be untangled to better understand the legal limits of statebuilding in the aftermath of armed conflict. It is a key resource for scholars in human rights law and peace and conflict studies, advisers in peace processes, constitution-makers, and peace mediators.
Book Synopsis The New International Law by : Christoffer C. Eriksen
Download or read book The New International Law written by Christoffer C. Eriksen and published by Martinus Nijhoff Publishers. This book was released on 2010-10-25 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: Summary: This volume contains revised versions of a select number of research papers presented at a conference in Oslo, Norway, entitled "The New International Law." The conference was subtitled "Polycentric decision-making structures and fragmented spheres of law: what implications for the new generation of international legal discourse?" The current discourse of international law is certainly acquainted with the enormous challenges posed by rapid restructuring of domestic and international governance to conventional outlooks, theories and practices of international law. Today's research forefront thrives on studies that encapsulate, analyse and discuss the shift from a world made up of sovereign nation-states to today's inter-, supra- and transnational arrangements.
Book Synopsis Building Peace, Creating Conflict? by : Hanne Fjelde
Download or read book Building Peace, Creating Conflict? written by Hanne Fjelde and published by Nordic Academic Press. This book was released on 2012-01-03 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most significant challenges facing the international community today is how to stabilize and rebuild societies emerging from civil wars, and this book, which includes both theoretical discussions and empirical applications, considers the various factors of peacebuilding. As it addresses several pertinent academic debates—relating to international interventions and local ownership, international and local conceptions of gender equality, and the legal aspects of peace implementation—this account demonstrates how some postwar countries have made significant strides towards peace and democracy while others have experienced a return to war. A policy-relevant topic, Building Peace, Creating Conflict? will appeal to students and scholars of international relations and peace studies, as well as to practitioners involved in peacebuilding efforts in war-affected countries.
Book Synopsis Human Rights and U.N. Peace Operations by : B. G. Ramcharan
Download or read book Human Rights and U.N. Peace Operations written by B. G. Ramcharan and published by Martinus Nijhoff Publishers. This book was released on 2011-08-11 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique book, one of the first of its kind, discusses how human rights actually featured in UN peace operations in the deadly conflicts in the former Yugoslavia between 1992 and 1996. It is based on original materials in the possession of the author, who was Director of the International Conference on the Former Yugoslava from 1992 to 1996 and also served as Director of the Office of the UN Special Representative in charge of all peacemaking, peacekeeping, and humanitarian operations in the region. The book brings out the strategic centrality of human rights in the wide-ranging humanitarian operations. It shows how the peacekeepers built in a human rights dimension for the first time in the history of UN peacekeeping. And it shows how the peace negotiators sought to build their peace proposals on the foundations of human rights. It shows the peacemakers advocating justice for the victims while proceeding with their negotiating efforts. The great value of this book is that the author, who was personally involved in all of the activities he writes about, shows how human rights were instilled in practice in UN peace operations over a period of some four years and it also reveals, for the first time, some innovative ideas advanced that might be helpful in future peace operations.
Book Synopsis International Law and Peace Settlements by : Marc Weller
Download or read book International Law and Peace Settlements written by Marc Weller and published by Cambridge University Press. This book was released on 2021-02-04 with total page 1232 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Law and Peace Settlements provides a systematic and comprehensive assessment of the relationship between international law and peace settlement practice across core settlement issues, e.g. transitional justice, human rights, refugees, self-determination, power-sharing, and wealth-sharing. The contributions address key cross-cutting questions on the legal status of peace agreements, the potential for developing international law, and the role of key actors – such as non-state armed groups, third-state witnesses and guarantors, and the UN Security Council – in the legalisation and internationalisation of settlement commitments. In recent years, significant scholarly work has examined facets of the relationship between international law and peace settlements, through concepts such as jus post bellum and lex pacificatoria. International Law and Peace Settlements drives forward the debate on the legalisation and internationalisation of peace agreements with diverse contributions from leading academics and practitioners in international law and conflict resolution.
Book Synopsis Africa and the Responsibility to Protect by : Dan Kuwali
Download or read book Africa and the Responsibility to Protect written by Dan Kuwali and published by Routledge. This book was released on 2013-11-26 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: Situations of serious or massive violations of human rights are no longer purely of domestic concern, and sovereignty can no longer be an absolute shield for repressive governments in such circumstances. Based on this realization, the international community has recognized a responsibility to protect individuals in states where their governments are unable or unwilling to provide protection against the most serious violations. However, so far, only one intergovernmental organization, the African Union (AU), has explicitly made the right to intervene in a Member State part of its foundational text in Article 4(h) of its Constitutive Act. Although there have been cases of Article 4(h)-type interventions in Africa, the AU Assembly has not yet invoked Article 4(h) explicitly. This book brings together experts in the field to explore the potential application of Article 4(h), and the complexities that may explain its non-invocation so far. Although Article 4(h) is noble in purpose, its implementation faces several legal and policy challenges given that the use of force penetrates the principles of state sovereignty and non-intervention – the very cornerstones upon which the AU is founded. This book considers these issues, as well as the need to reconcile Article 4(h), in so far as it allows the AU to exercise military intervention to protect populations at risk of mass atrocities, with the provisions of the Charter of the United Nations. Drawing from the insights of law, political science, diplomacy and military strategy, the book offers a unique combination of multi-disciplinary expertise that harnesses the views of a diverse group of authors, focused on the legal, policy, and practical insights on the implementation of Article 4(h) and the responsibility to protect in Africa in order to provide concrete recommendations on how to end mass atrocities on the continent
Book Synopsis Post-Conflict Peacebuilding by : Vincent Chetail
Download or read book Post-Conflict Peacebuilding written by Vincent Chetail and published by OUP Oxford. This book was released on 2009-03-26 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: Post-Conflict Peacebuilding comes at a critical time for post-conflict peacebuilding. Its rapid move towards the top of the international political agenda has been accompanied by added scrutiny, as the international community seeks to meet the multi-dimensional challenges of building a just and sustainable peace in societies ravaged by war. Beyond the strictly operational dimension, there is considerable ambiguity in the concepts and terminology used to discuss post-conflict peacebuilding. This ambiguity undermines efforts to agree on common understandings of how peace can be most effectively 'built', thereby impeding swift, coherent action. Accordingly, this lexicon aims to clarify and illuminate the multiple facets of post-conflict peacebuilding, by presenting its major themes and trends from an analytical perspective. To this end, the book opens with a general introduction on the concept of post-conflict peacebuilding, followed by twenty-six essays on its key elements (including capacity-building, conflict transformation, reconciliation, recovery, rule of law, security sector reform, and transitional justice). Written by international experts from a range of disciplines, including political science and international relations, international law, economics, and sociology, these essays cover the whole spectrum of post-conflict peacebuilding. In reflecting a diversity of perspectives the lexicon sheds light on many different challenges associated with post-conflict peacebuilding. For each key concept a generic definition is proposed, which is then expanded through discussion of three main areas: the meaning and origin of the concept; its content and essential components; and its means of implementation, including lessons learned from past practice.
Download or read book Jus Post Bellum written by Carsten Stahn and published by Oxford University Press. This book was released on 2014-02 with total page 610 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 peace. This book provides a detailed legal analysis of all aspects of jus post bellum, and uses case studies to show its relevance to the reality of situations on the ground.
Book Synopsis Courts and Consociations by : Christopher McCrudden
Download or read book Courts and Consociations written by Christopher McCrudden and published by OUP Oxford. This book was released on 2013-02-21 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Consociations are power-sharing arrangements, increasingly used to manage ethno-nationalist, ethno-linguistic, and ethno-religious conflicts. Current examples include Belgium, Bosnia, Northern Ireland, Burundi, and Iraq. Despite their growing popularity, they have begun to be challenged before human rights courts as being incompatible with human rights norms, particularly equality and non-discrimination. Courts and Consociations examines the use of power-sharing agreements, their legitimacy, and their compatibility with human rights law. Key questions include to what extent, if any, consociations conflict with the liberal individualist preferences of international human rights institutions, and to what extent consociational power-sharing may be justified to preserve peace and the integrity of political settlements. In three critical cases, the European Court of Human Rights has considered equality challenges to important consociational practices, twice in Belgium and then in Sejdic and Finci v Bosnia regarding the constitution established for Bosnia Herzegovina under the Dayton Agreement. The Court's decision in Sejdic and Finci has significantly altered the approach it previously took to judicial review of consociational arrangements in Belgium. This book accounts for this change and assess its implications. The problematic aspects of the current state of law are demonstrated. Future negotiators in places riven by potential or actual bloody ethnic conflicts may now have less flexibility in reaching a workable settlement, which may unintentionally contribute to sustaining such conflicts and make it more likely that negotiators will consider excluding regional and international courts from reviewing these political settlements. Providing a clear, accessible introduction to both the political use of power-sharing settlements and the human rights law on the issue, this book is an invaluable guide to all academics, students, and professionals engaged with transitional justice, peace agreements, and contemporary human rights law.
Book Synopsis Mediation and Liberal Peacebuilding by : Mikael Eriksson
Download or read book Mediation and Liberal Peacebuilding written by Mikael Eriksson and published by Routledge. This book was released on 2013 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite the wealth of research on external interventions and practices of Western peacebuilding, many scholars tend to rely on findings in the so-called 'post-agreement' phase of interventions. As a result, most mainstream peacebuilding literature pays limited or no attention to the linkages that exist between mediation practices in the negotiation phase and processes in the post-peace agreement phase of intervention. By linking the motives and practices of interveners during negotiation and implementation phases into a more integrated theoretical framework, this book makes a unique contribution to the on-going debate on the so-called Western 'liberal' models of peacebuilding. Drawing upon in-depth case-studies this innovative volume examines a variety of political motives behind third party interventions, thus challenging the very founding concept of mediation literature. ... [from the publisher]
Book Synopsis The Responsibility to Protect by : Dan Kuwali
Download or read book The Responsibility to Protect written by Dan Kuwali and published by Martinus Nijhoff Publishers. This book was released on 2011 with total page 553 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Explores the scope and limits of Article 4(h) of the African Union Constitutive Act"--Introd.
Book Synopsis Constitutional Reform of National Legislatures by : Richard Albert
Download or read book Constitutional Reform of National Legislatures written by Richard Albert and published by Edward Elgar Publishing. This book was released on 2019 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite the importance of second chambers to the success of constitutional democracies around the world, today many fundamental questions about bicameralism remain understudied and undertheorized. What makes bicameral reform so difficult? Why choose bicameralism over unicameralism? What are the constitutional values of bicameralism? This innovative book addresses these questions and many more from comparative, doctrinal, empirical, historical and theoretical perspectives.
Book Synopsis Conundrums of Humanity by : Jonathan Power
Download or read book Conundrums of Humanity written by Jonathan Power and published by BRILL. This book was released on 2007-04-24 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sixty years since the end of World War II is two generations. And two generations is long enough to measure whether there has been a substantial change in direction in how mankind orders its affairs. It is clear that it has. Not just in matters of war and peace- there has not been a Third World War- but in its attitude to poverty, economic progress, human rights, its habitat and its relationship to the other sex and its offspring. In all there have been great strides forward that at the time of the ending of the war seemed barely conceivable. “Conundrums of Humanity” poses eleven questions for our future progress, ranging from “Can we diminish War?” to “How far and fast can we push forward the frontiers of Human Rights?” to “Will China dominate the century?”. The answers to these questions, the author believes, growing out of his long experience as a foreign correspondent and columnist for the International Herald Tribune, are largely positive ones, despite the hurdles yet to be overcome. They all depend for fruition, partly on building on the important work already accomplished, partly on creating a more benign and positive atmosphere in the world order and partly on demonstrating how the world can be even better in the future and thus giving the world’s peoples a sense of forward momentum.
Book Synopsis The Legal Culture of the European Court of Human Rights by : Nina-Louisa Arold
Download or read book The Legal Culture of the European Court of Human Rights written by Nina-Louisa Arold and published by Martinus Nijhoff Publishers. This book was released on 2007 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: Without understanding the legal culture of the judges a full understanding of Strasbourg's rulings seems hardly possible. Through interviews, field observations and case law analysis, this book fills this need and offers a fresh approach towards convergence in Europe.
