This thought-provoking book explores the emerging construction of a customary law of peace in Latin America and the developing jurisprudence of the Inter-American Court of Human Rights. It traces the evolution of peace as both an end and a means: from a negative form, i.e. the absence of violence, to a positive form that encompasses equality, non-discrimination and social justice, including gendered perspectives on peace.
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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.
Inspired by the Grotian tradition in international law of the 'idea of peace', 'Promoting Peace through International Law' aims to explain how peace may be achieved by utilising the existing international and national normative and institutional legal frameworks. It explores how negative and positive dimensions of peace are interrelated.
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"By offering critical perspectives of normative developments within international law, this volume of essays unites academics from various disciplines to address concerns regarding the interpretation and application of international law in context. The authors present common challenges within international criminal law, human rights, environmental law and trade law, and point to unintended risks and consequences, in particular for vulnerable interests such as women and the environment. Omissions within normative or institutional frameworks are highlighted and the importance of addressing accountability of state and non-state actors for violations or regressions of minimum protection guarantees is underscored. Overall, it advocates harmonisation over fragmentation, pursuant to the aspiration of asserting the interests of our collective humanity without necessarily advocating an international constitutional order"--
Preliminary Material /C. Bailliet -- Introduction /Cecilia M. Bailliet -- Chapter 1. The Concept Of Security In International Law Relating To Armed Conflicts /Marco Sassòli -- Chapter 2. International Security And International Organisations: Considerations Under International Law /Marco Odello -- Chapter 3. General Principles Of International Humanitarian And Human Rights Law: A Tool To Overcome The War-And-Peace Divide In International Law /Ulf Häußler -- Chapter 4. A Critical Decision Point On The Battlefield – Friend, Foe Or Innocent Bystander /Matthew W. Ezzo and Amos N. Guiora -- Chapter 5. The Obligation To Remove And Destroy Anti-Personnel Mines And Explosive Remnants Of War In Peace Operations /Kjetil Mujezinovic Larsen -- Chapter 6. A New Treaty Banning Cluster Munitions: The Interplay Between Disarmament Diplomacy And Humanitarian Requirements /Gro Nystuen -- Chapter 7. Private Versus Citizen-Soldiers: New Mercenarism In A Just-War Framework /Lene Bomann-Larsen -- Chapter 8. The "Unrule" Of Law: Unintended Consequences Of Applying The Responsibility To Prevent To Counterterrorism, A Case Study Of Colombia'S Raid In Ecuador /Cecilia M. Bailliet -- Chapter 9. Democratic Security /Christopher Kutz -- Chapter 10. Global Procedural Rights And Security /Larry May -- Chapter 11. Women'S Security/State Security /Naomi Cahn -- Chapter 12. Security In A "Warming World": Competences Of The Un Security Council For Preventing Dangerous Climate Change /Christina Voigt -- Chapter 13. Environmental Security And The Un Security Council /Jo Stigen and Ole Kristian Fauchald -- Chapter 14. Pragmatic Law For International Security /Sean Kanuck -- List Of Contributors /C. Bailliet -- Index /C. Bailliet.
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Hersch Lauterpacht set forth that international law should be functionally oriented toward both the establishment of peace between nations and the protection of fundamental human rights. This perspective was followed by Hans Kelsen, who authored Peace Through Law, reminding us that the pursuit of peace requires patience and commitment to international norms and legal institutions, such as international criminal tribunals, stating, "He who wishes to approach the aim of world peace in a realistic way must take this problem quite soberly, as one of a slow and steady perfection of the international order." Later on the work of Grenville Clark and Lois B. Sohn spanned three decades, pursuing "World Peace Through World Law" through which they envisioned the creation of a World Conciliation Board, a World Equity Tribunal, compulsory jurisdiction for the ICJ, transfer of primary responsibility for the maintenance of peace from the Security Council to the General Assembly, and world disarmament enforced by regional courts. Several of these topics are under renewed discussion at present, including reform of the Security Council, the value of conciliation in international law, and the new Treaty on the Prohibition of Nuclear Weapons. Some suggest that the fragmentation of international law into specialized subfields, such as trade law, human rights, etc. resulted in a dissipation of attention to broader, common aims such as peace, instead promoting specialized technical expertise within each realm. To the extent that contemporary international law engaged with peace, it focused on the subject of peace treaties and the role of relevant institutions, such as the United Nations and regional entities.