Peace Settlements and International Law: From lex pacificatoria to jus post bellum

Research output: Working paper

Abstract

This paper will examine the ways in which peace settlements are producing a lex pacificatoria, a new 'law of the peacemakers', in a range of different areas relating to international conflict and security law. The essay illustrates how the practice of fashioning and implementing peace settlements is forcing a revision of relevant international law, as the traditional assumptions and boundaries of the relevant bodies of law do not fit within post-settlement political landscapes, are inadequate for enabling and regulating peace settlement implementation and do not contain guidance for the dilemmas faced post-settlement. The paper describes the ways in which a lack of fit between peace settlement dilemmas and international legal doctrines have generated new practices and new articulations of how international legal regimes regulate settlement implementation. Building on earlier arguments, I argue that these revisions constitute a new lex pacificatoria, or 'law of the peacemakers', in the form of a normativized practice of conflict resolution. The extent to which these new practices constitute 'law' at all is critically evaluated throughout the chapter. In conclusion, I consider whether it is possible, useful and desirable to frame and develop the 'new law' as a new jus post bellum drawing across existing regimes, to supplement the jus ad bellum and jus in bello.
Original languageEnglish
PublisherUniversity of Edinburgh, School of Law, Working Papers
Number of pages59
Publication statusPublished - 18 May 2012

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