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C - Only Scraps of Paper?

How International Courts and Tribunals Treat Peace Agreements between State and Non-State Parties

Published online by Cambridge University Press:  07 June 2018

Cindy Wittke
Affiliation:
Leibniz Institute for East and Southeast European Studies
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Summary

Chapter C provides a baseline study on how international courts and tribunals have dealt with peace agreements between state and non-state parties. Disputes about the interpretation and violation of peace agreements between state and non-state parties are rarely settled by domestic courts. Instead, the settlement of disputes concerning the interpretation and implementation of peace agreements is delegated to external actors and dispute settlement mechanisms. Depending on their mandate and function, these actors and dispute settlement mechanisms will have to deal with international as well as domestic legal aspects of the respective peace agreement(s). Chapter C investigates how international courts and tribunals have explicitly or implicitly dealt with peace agreements between state and non-state parties. Using examples reaching from proceedings of the Special Court of Sierra Leone and the International Court of Justice to international arbitration, Chapter C provides an overview of how international courts and tribunals have dealt with the legal dimensions of peace agreements, the status of their non-state parties, the nature of the obligations that peace agreements impose on the parties and the question of which laws govern these agreements' creation and interpretation. The analysis also highlights the potential implications of the involvement of the Security Council.
Type
Chapter
Information
Law in the Twilight
International Courts and Tribunals, the Security Council and the Internationalisation of Peace Agreements between State and Non-State Parties
, pp. 83 - 163
Publisher: Cambridge University Press
Print publication year: 2018

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