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Peacemaking, Power-sharing and International Law: Imperfect Peace


ISBN13: 9781509946730
Published: April 2021
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback (Hardback in 2019)
Price: £34.99
Hardback edition , ISBN13 9781509914258



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This monograph provides a contemporary analysis of the frictions between peacemaking and international human rights law based on the cases of postconflict power-sharing in Lebanon and Bosnia-Herzegovina. In this context it evaluates the long-standing debate in the United Nations and human rights bodies about the 'imperfect peace'. Written from a practitioner–scholarly viewpoint and drawing from new authentic sources, the book describes the mechanisms used in peace agreements and post-conflict constitutions for managing ethnic or religious diversity, explains their legal limits under international human rights law, and provides a conceptual framework for analysing the nexus between law and peacemaking. The book argues that the relationship between the content of peace agreements and post-conflict constitutions, their negotiation process and the element of time, needs to be untangled to better understand the legal limits of statebuilding in the aftermath of armed conflict. It is a key resource for scholars in human rights law and peace and conflict studies, advisers in peace processes, constitution-makers, and peace mediators.

Subjects:
Public International Law
Contents:
1. Introduction
I. State Transitions, Power-Sharing and International Law
II. Closing the Gap
III. Methodology and Scope
2. Power-Sharing in Theory and Practice: Concepts, Mechanisms and Legal Challenges
I. Ethnic and Religious Diversity as a Challenge for International Law
II. Democracy Theory and the Perspective of Conflict Resolution
III. Mechanisms
IV. The Legal Debate
V. Conclusion: The Necessity and Challenges of Bridging Interdisciplinary Perspectives
3. Power-Sharing on Trial: Sejdic and Finci v Bosnia and Herzegovina
I. Bosnia and Herzegovina between Transition and Transformation
II. Relevant Decisions of Bosnia and Herzegovina's Constitutional Court (1997–2009)
III. ECtHR Definition of Ethnic-Racial Discrimination in Sejdic and Finci
IV. Justifying Human Rights Restrictions
V. Post-trial Developments and Constitutional Reform Process
VI. Conclusion
4. Through the Lens of Human Rights Committees: Lebanese Political Confessionalism and Transitional Mechanism
I. State Stability, Sectarian Traditions and Socio-Political Change
II. Reports Submitted by Lebanon to the Committee on the Elimination of Racial Discrimination
III. Debate in the Committee on the Elimination of Racial Discrimination
IV. Analysis: Confessionalism and Non-Discrimination
V. Transitional Power-Sharing, Unity Governments, Proportions of High-Level Posts and the Right to Participation
VI. Proportionality and Time Limitations
VII. Conclusion
5. On the Law of Peace: Parameters, Challenges and Limits
I. The Quest for Absolute Limitations in Peacemaking
II. Peremptory Norms and Peacemaking
III. A Conceptual Model for Reflections about the Law of Peace Debate
IV. Open Questions and Future Research Agenda
V. Concluding Remarks