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Research Handbook on International Law and Peace
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.
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Critical Acclaim
Contributors
Contents
More Information
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.
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.
Critical Acclaim
‘Bailliet’s publication serves its purpose of being an effective research guide to the study of contemporary international law and peace. The contributions are relevant, forward-thinking, and engaging.’
– Hollie Jackson, University of Tasmania Law Review
– Hollie Jackson, University of Tasmania Law Review
Contributors
Contributors: B.A. Andreassen, C.M. Bailliet, D. Behn, K. Egeland, O. Engdahl, O.K. Fauchald, J. Garcia-Godos, C. Hellestveit, M. Janmyr, S. Kanuck, K.M. Larsen, K. Lidén, G. Nystuen, S. O''Connor, J.C. Sainz-Borgo, K. Skarstad, V.B. Strand, H. Syse, A Tadjdini, C. Voigt, C. Weiss, P. Wrange, G. Zyberi
Contents
Contents:
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 in a Post-Western Age
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. Promoting peace and stability in cyberspace
Sean Kanuck
22 The Constitutional Dimension of Peace
Azin Tadjdini
Epilogue
Juan Carlos Sainz-Borgo
Index
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 in a Post-Western Age
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. Promoting peace and stability in cyberspace
Sean Kanuck
22 The Constitutional Dimension of Peace
Azin Tadjdini
Epilogue
Juan Carlos Sainz-Borgo
Index
