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Promoting Peace Through International Law

Promoting Peace Through International Law

Author: Cecilia Marcela Bailliet; Kjetil Mujezinovic Larsen
Publisher: Oxford University Press
ISBN: 9780198722731
Published In: January 2015
Format: Hardback , 496 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Provides a holistic analysis of the relationship between peace and law by setting out the normative foundations of the international law of peace
Gives a comprehensive overview of the different ways peace interacts with the different areas of international law, including environmental protection, development, and human rights
Constructively engages with a crucial debate in peace research by exploring the interrelationship between negative and positive peace, and the extent to which international law creates obligations in relation to both
Shows how different international organizations and institutions can contribute to the promotion of peace

Within international law there is no unified concept of peace. This book addresses this gap by considering the liberal conception of peace within Western philosophy alongside the principle of 'peaceful coexistence' supported in the East. By tracing the evolution of the international law of peace through its historical and philosophical origins, this book investigates whether there is a 'right to peace'.

The book explores how existing international law and institutions contribute to the establishment of peace, or how they fail to do so. It sets out how international law promotes the negative dimension of peace-the absence of structural violence-as well as its positive dimension: the presence of underlying conditions for peace. It also investigates whether international actors and institutions have particular obligations in relation to the establishment and maintenance of peace.

Discussions include: the relationships between the different regimes of human rights, trade, development, the environment, and regulation of arms trade with peace; the role of women, refugees, and other groups seeking equal treatment; the role of peacekeepers, transitional justice mechanisms, international courts fact-finding missions, and national constitutional frameworks in upholding peace in practice; and how civil society participates in the promotion and safeguarding of peace.

The book's comprehensive treatment of the concept of peace in international law makes it an ideal reference work for those working in the field, as well as for students.

Readership: Scholars and students of international law and peace studies; government and NGO policy makers and legal advisers

1: Cecilia M. Bailliet and Kjetil Mujezinovic Larsen: Promoting peace through international law: Introduction
Part I The normative scope of peace and its exceptions
2: Kristoffer Lidén and Henrik Syse: The politics of peace and law: Realism, internationalism and the cosmopolitan challenge
3: Cecilia M. Bailliet: Normative foundation of the international law of peace
4: Simon O'Connor and Cecilia M. Bailliet: The good faith obligation to maintain international peace and security and the pacific settlement of disputes
5: Pål Wrange: Protecting which peace for whom against what? A conceptual analysis of collective security
6: Ola Engdahl: Protection of human rights and the maintenance of international peace and security: Necessary precondition or a clash of interests?
Part II Preconditions of peace
7: Kjersti Skarstad: Human rights violations and conflict risk - a theoretical and empirical assessment
8: Bård A. Andreassen: Traps of violence: A human rights analysis of relationships between peace and development
9: Christina Voigt: Environmentally sustainable development and peace: The role of international law
10: Ole Kristian Fauchald: World peace through world trade? The role of dispute settlement in the WTO
11: Gro Nystuen and Kjølv Egeland: The potential of the Arms Trade Treaty to reduce violations of international humanitarian law and human rights law
Part III Civil society participation in the promotion and safeguarding of peace
12: Vibeke Blaker Strand: Non-discrimination and equality as the foundation of peace
13: Maja Janmyr: Refugees and peace
14: Cornelia Weiss: Barely begun: The inclusion of women as peacemakers, peacekeepers, and peacebuilders in international law and practice
Part IV Institutional implementation of peace
15: Kjetil Mujezinovic Larsen: United Nations peace operations and international law: What kind of law promotes what kind of peace?
16: Jemima García-Godos: It's about trust: Transitional justice and accountability in the search for peace
17: Gentian Zyberi: The role and contribution of international courts in furthering peace as an essential community interest
18: Cecilie Hellestveit: International fact-finding mechanisms - lighting candles or cursing darkness?
19: Azin Tadjdini: The constitutional dimension of peace
20: Maria D. Sommardahl: Education for peace: Epilogue

Cecilia Marcela Bailliet is Professor Dr. Jur., Director of the Master's Program in Public International Law and Coordinator at the PluriCourts Centre for the Study of the Legitimacy of the International Judiciary at the University of Oslo, Norway. She has a doctoral degree in law from the University of Oslo and combined JD/MA (honours) degree from the George Washington University Law School & Elliott School of International Affairs. She researches and teaches within the cross fields of international public law, human rights, refugee law, and peace. Among her publications are: 'Non-State Actors, Soft Law and Protective Regimes' (2012), 'Cosmopolitan Justice and Its Discontents' (co-edited with Katja Franko Aas, 2011), and 'Security: A Multidisciplinary Normative Approach' (2009).

Kjetil Mujezinovic Larsen is Professor of Law (PhD), Director of Research, and Deputy Director, at the Norwegian Centre for Human Rights at the University of Oslo, where he does research and teaching in human rights law and international humanitarian law. He is the author of the book 'The Human Rights Treaty Obligations of Peacekeepers' (2012) and editor of the anthology 'Searching for a <"Principle of Humanity>" in International Humanitarian Law' (2013). He is the Norwegian editor of the Nordic Journal of Law and Justice ('Retfærd'), member of the Editorial Board of the Forum for International Criminal and Humanitarian Law, and responsible for entries concerning the laws of war in the Norwegian encyclopedia 'Store norske leksikon'.

Contributors:
Bård A. Andreassen, Norwegian Centre for Human Rights, University of Oslo
Kjølv Egeland, International Law and Policy Institute
Ola Engdahl, Swedish National Defence College
Ole Kristian Fauchald, Department of Public & International Law, University of Oslo
Jemima García-Godos, Department of Sociology, University of Oslo
Cecilie Hellestveit, International Law and Policy Institute
Maja Janmyr, University of Bergen
Kristoffer Lidén, Peace Research Institute Oslo
Gro Nystuen, International Law and Policy Institute
Simon O'Connor, Policy and International Law Unit, Norwegian Red Cross
Kjersti Skarstad, Department of Political Science, University of Oslo
Maria D. Sommardahl,
Vibeke Blaker Strand, Norwegian Centre for Human Rights, University of Oslo
Henrik Syse, Peace Research Institute Oslo
Azin Tadjdini, Department of Public & International Law, University of Oslo
Christina Voigt, Department of Public & International Law, University of Oslo
Cornelia Weiss,
Pål Wrange, Stockholm University Graduate School of International Studies
Gentian Zyberi, Norwegian Centre for Human Rights, University of Oslo