To save content items to your account,
please confirm that you agree to abide by our usage policies.
If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account.
Find out more about saving content to .
To save content items to your Kindle, first ensure email@example.com
is added to your Approved Personal Document E-mail List under your Personal Document Settings
on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part
of your Kindle email address below.
Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations.
‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi.
‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
This concluding chapter revisits some of the key issue areas in peace settlements, which have been covered in the International Law and Peace Settlements volume, to demonstrate how past settlement practice has added to the repertoire of legal tools that can be deployed in conflict settlement, and to highlight the contours of the relationship between this settlement practice and international law. By reflecting on the ‘patterns’ of approaches and provisions that have emerged in settlement practice in addressing these key issues, the chapter lays some empirical foundations to interrogate the normative character of these emerging ‘patterns’ of legal tools in peace-making. The normativity to legal tools for peace-making is considered in the context of the diversity in settlement actors and in the legal character of settlements, with a view to identifying how settlement practice has affected international law, and whether it is possible, helpful or necessary to proclaim the existence of a lex pacificatoria.
This introductory chapter identifies the key questions and themes for the International Law and Peace Settlements volume, and provides a framework and conceptual map for analysing the relationship between international law and peace settlement practice. In particular, it examines the concepts of peace and war, and their relation to law, before developing a working lexicon for peace agreements and settlements. The chapter then critically examines the legal character of peace agreements and settlement commitments as ‘legal tools’ for peace-making. This analysis provides essential foundations to map out the ways in which peace settlements and international law can interact. Those forms of interaction become key focal points for the various contributions in the remainder of the volume. The thematic rationale and structure of the volume is explained to orientate the reader in light of its key themes and questions.
Self-determination conflicts have, for a very long time, been considered intractable. Given the apparent zero-sum game character to such conflicts, the only outcomes appear to be victory for either side or interminable conflict. While the post-Cold war era has brought about a further round of self-determination conflicts marked by very high levels of violence and civilian casualties, this period has also led to a significant number of self-determination settlements. In the main, these have been autonomy settlements or examples of federalisation; and are often combined with complex power-sharing arrangements. This practice has contributed considerable wealth to the tool-kit available to construct bespoke, internal settlement options in relation to the numerous secessionist conflicts or controversies around the globe. This chapter considers this settlement practice in light of international legal doctrine on self-determination, and in terms of the constitutional processes and transformations required to craft the particular autonomy, federal, transitional and secessionist solutions, which may be necessary to rejuvenate popular consent for the conflict-affected state going forward.
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.
This panel was convened at 11:30 a.m., Thursday, June 25, 2020, by its moderator James Kateka of the International Tribunal for the Law of the Sea, who introduced the panelists: Mamadou Hébié of the International Court of Justice; Marc Weller of the University of Cambridge Faculty of Law; Milena Sterio of Cleveland-Marshall College of Law; and Nawi Ukabiala of Debevoise & Plimpton LLP.