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Research Handbook on International Law and Peace

Research Handbook on International Law and Peace

Author: Cecilia M. Bailliet; Kjetil M. Larsen
Publisher: Edward Elgar Publishing
ISBN: 9781788117463

Published In: April 2019
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781839109379

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Peace is an elusive concept, especially within the field of international law, varying according to historical era and between contextual applications within different cultures, institutions, societies, and academic traditions. This Research Handbook responds to the gap created by the neglect of peace in international law scholarship. Explaining the normative evolution of peace from the principles of peaceful co-existence to the UN declaration on the right to peace, this Research Handbook calls for the fortification of international institutions to facilitate the pursuit of sustainable peace as a public good.

It sets forth a new agenda for research that invites scholars from a broad array of disciplines and fields of law to analyse the contribution of international institutions to the construction and implementation of sustainable peace. With its critical examination of courts, transitional justice institutions, dispute resolution and fact-finding mechanisms, this Research Handbook goes beyond the traditional focus on post-conflict resolution, and includes areas not usually found in analyses of peace such as investment and trade law. Bringing together contributions from leading researchers in the field of international law and peace, this Research Handbook analyses peace in the context of law applicable to women, refugees, environmentalism, sustainable development, disarmament, and other key contemporary issues.

This thoughtful Research Handbook will be a crucial tool for policymakers, practitioners, and academics in the fields of international law, human rights, jus post bellum, and development. Its comprehensive insights to the field will also be of benefit for students of political science, law, and peace studies.

1. Introduction: Researching International Law and Peace

Cecilia M. Bailliet

PART I THE NORMATIVE SCOPE OF PEACE AND ITS EXCEPTIONS

2. The Politics of Peace and Law: Realism, Internationalism and the Cosmopolitan Challenge

Kristoffer Lidén and Henrik Syse

3. Normative Foundation of the International Law of Peace

Cecilia M. Bailliet

4. The Good Faith Obligation to Maintain International Peace and Security and the Pacific Settlement of Disputes

Cecilia M. Bailliet and Simon O’Connor

5. Protecting Which Peace for Whom against What? A Conceptual Analysis of Collective Security

Pål Wrange

6. Protection of Human Rights and the Maintenance of International Peace and Security: Necessary Precondition or a Clash of Interests?

Ola Engdahl

PART II PRECONDITIONS OF PEACE

7. Human Rights Violations and Conflict Risk: A Theoretical and Empirical Assessment

Kjersti Skarstad

8. Traps of Violence: A Human Rights Analysis of the Relationship between Peace and Sustainable Development

Bård A. Andreassen

9. World Peace and International Investment: The Role of Investment Treaties and Arbitration

Ole Kristian Fauchald and Daniel Behn

10. Environmentally Sustainable Development and Peace: The Role of International Law

Christina Voigt

11. Nuclear Abolition from Baruch to the Ban

Kjølv Egeland

12. The Potential of the Arms Trade Treaty to Reduce Violations of International Humanitarian Law and Human Rights Law

Gro Nystuen and Kjølv Egeland

PART III CIVIL SOCIETY PARTICIPATION IN THE PROMOTION AND SAFEGUARDING OF PEACE

13. Non-Discrimination and Equality as the Foundations of Peace

Vibeke Blaker Strand

14. Refugees and Peace

Maja Janmyr

15. Transforming Reality: Employing International Law to End Practices that Exclude Women as Peacemakers, Peacekeepers, and Peacebuilders

Cornelia Weiss

PART IV INSTITUTIONAL IMPLEMENTATION OF PEACE

16. Promoting Peace Through the International Law of Peace Operations

Kjetil Mujezinović Larsen

17. Quasi-Judicial Mechanisms: International Fact-Finding ?

Cecilie Hellestveit

18. Building Trust Through Accountability: Transitional Justice in the Search for Peace

Jemima García-Godos

19. The Role and Contribution of International Courts in Furthering Peace as an Essential Community Interest

Gentian Zyberi

20. World Peace through World Trade? The Role of Dispute Settlement in the WTO

Ole Kristian Fauchald

21. The Constitutional Dimension of Peace

Azin Tadjdini

Epilogue

Juan Carlos Sainz-Borgo

Index

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