Comparing the Impact of the Interpretation of Peace Agreements by International Courts and Tribunals on Legal Accountability and Legal Certainty in Post-Conflict Societies

2014 ◽  
Vol 27 (2) ◽  
pp. 495-517 ◽  
Author(s):  
ALEXIA SOLOMOU
Keyword(s):  
Sierra Leone ◽  
Rule Of Law ◽  
Legal Certainty ◽  
Peace Agreement ◽  
Post Conflict ◽  
European Court ◽  
Legal Accountability ◽  
The Government ◽  
Substantive Law ◽  
The Impact

AbstractThis article compares and contrasts the interpretation of the Lusaka Ceasefire Agreement 1999 by the International Court of Justice, the Peace Agreement between the Government of Sierra Leone and the Revolutionary United Front of Sierra Leone by the Special Court for Sierra Leone, and the General Framework Agreement for Peace in Bosnia and Herzegovina by the European Court of Human Rights. In doing so, it critically analyses the approach of the three different tribunals and attempts to explain the differences identified on the basis of the jurisdictional scope of each tribunal and the substantive law each has been tasked to apply. This comparison is both substantive and procedural. The article then examines the impact of these three tribunals on two specific aspects of the rule of law: legal accountability and legal certainty, both internationally and in the countries under examination. It is argued that, while these tribunals have enhanced legal certainty and accountability on the international level, any contribution they have made to the domestic rule of law has been questionable.

Harmonisasi terhadap Peraturan Daerah No. 14 Tahun 2006 tentang Pengelolaan Pelestarian Kawasan Konservasi Laut Daerah dalam Perlindungan Pulau Pariwisata Kabupaten Indramayu

2019 ◽  
Vol 1 (2) ◽  
pp. 142
Author(s):  
Saiful Kholik ◽  
Imas Khaeriyah
Keyword(s):  
Rule Of Law ◽  
Local Governments ◽  
Environmental Law ◽  
Policy Formulation ◽  
Marine Conservation ◽  
Environmental Damage ◽  
Conservation Area ◽  
The Rule Of Law ◽  
The Government ◽  
The Impact

Inconsistency Regional Regulation No.14 of 2006 about marine conservation area of the island of Biawak, Gososng, which Cendekian provides protection but in fact failed to provide protection as evidenced by dredging island sandbar and cendekian conducted PT.Pertamina UP VI Balongan INDRAMAYU. The problem in this research How Formulation Policy Act No. 10 Year 2009 on the Indonesian Tourism with the Indramayu Regional Regulation No. 14 of 2006 regarding marine conservation area of the island of Biawak, Gososng, Cendekian And How Harmonization Act No. 10 of 2009 with the Indramayu Regional Regulation No. 14 of 2006 regarding formulation Act No. 10 Year 2009 on the Indonesian Tourism with the Indramayu Regional Regulation No. 14 of 2006 about marine conservation area of the island of Biawak, Gososng, Cendekian, the purpose of this research to understand and analyze the extent to which policy The findings of the community or field of law local governments about the environmental damage done by companies or individuals are not equal accordance with regional regulations in force, nor the Law in force so that the function of law in society indramayu not fit the mandate to establish a change and justice based Formulation public corporate criminal liability.Inskonsitensi happens to local regulation No.14 of 2006 makes no harmonized with the regulations of each other so that the impact of this inskonsistensi makes the sector particularly environmental law enforcement get uncertainties that result in coastal communities Indramayau.Conclusion Harmonization of regulations of the center and regions delivering the policy formulation of the rule of law area to comply with the regulations above in order to avoid inconsistency, the occurrence of this inconsistency resulted in the rule of law and justice for the indramayu, suggestion that the government should was nearly revise regulations related area, especially the government must dare to take action to give effect to the perpetrator deterrent effect rule-based running as well as possible.

Why peace endures: an analysis of post-conflict stabilisation

2017 ◽  
Vol 2 (2) ◽  
pp. 133-152 ◽  
Author(s):  
Richard Caplan ◽  
Anke Hoeffler
Keyword(s):  
Sierra Leone ◽  
Armed Conflict ◽  
East Timor ◽  
Mixed Methods Approach ◽  
Peacekeeping Operations ◽  
Post Conflict ◽  
Negotiated Settlements ◽  
Un Peacekeeping ◽  
Conflict Termination ◽  
The Impact

AbstractThis article is concerned with explaining why peace endures in countries that have experienced a civil armed conflict. We use a mixed methods approach by evaluating six case studies (Burundi, East Timor, El Salvador, Liberia, Nepal, Sierra Leone) and survival analysis that allows us to consider 205 peace episodes since 1990. We find that it is difficult to explain why peace endures using statistical analysis but there is some indication that conflict termination is important in post-conflict stabilisation: negotiated settlements are more likely to break down than military victories. We also consider the impact of UN peacekeeping operations on the duration of peace but find little evidence of their contribution. However, in situations where UN peacekeeping operations are deployed in support of negotiated settlements they do seem to contribute to peace stabilisation.

scholarly journals FACTORS HINDERING PUBLIC ADMINISTRATION REFORM AND EU ACCESSION: CASE STUDY OF BOSNIA AND HERZEGOVINA

2021 ◽  
Vol 14 (2/2020) ◽  
pp. 79-98
Author(s):  
Sara Rajic
Keyword(s):  
Public Administration ◽  
Bosnia And Herzegovina ◽  
Political Elite ◽  
The European Union ◽  
Peace Agreement ◽  
Post Conflict ◽  
Legal Method ◽  
Public Administration Reform ◽  
The Government

Public administration represents operations and practice of the government through management, administration and implementation of government policies having in mind public interests and the society as a whole. However, analysis of the political system and public administration in Bosnia and Herzegovina (BIH) reveals that this definition is rather “modified” when it comes to the mentioned country. Even though public administration reform is one of the priorities for BIH, the reasons why it has not been more successful are post-conflict reconstruction and state building, unique political organisation as a result of a peace agreement, veto mechanisms and ethnic quotas which makes the consensus harder to achieve and delays adoption of important strategies. Even though political elite in BIH is committed to public administration reform and the key reform institutions have been established there is a lack of necessary knowledge and skills, competences and most importantly, political will. However, public administration reform definitely represents one of the key conditions for the future of BIH and its accession to the European Union (EU). Undoubtedly, public administration reform is a complex reform, and in this paper, the focus is on the case study of BIH by identifying its key issues on the way to the EU membership. This paper is based on analytical method with an explorative and descriptive purpose, comparative legal method, literature review method, and finally, synthesis of results, combined with professional insight and conclusions.

scholarly journals PREVENTION OF TORTURE ON THE TEMPORARILY OCCUPIED TERRITORIES OF UKRAINE

2021 ◽  
pp. 142-147
Author(s):  
Kh. Yamelska
Keyword(s):  
Human Rights ◽  
Legal Status ◽  
Effective Means ◽  
The State ◽  
Council Of Europe ◽  
European Court ◽  
Occupied Territories ◽  
The Government ◽  
Legal Pressure ◽  
The Impact

The article reveals the content of armed aggression and the legal status of the temporarily occupied territories of Ukraine. Russia's aggression against Ukraine is considered in historical retrospect. Cases of torture and other ill-treatment on the temporarily occupied territories have been demonstrated in specific cases. The article examines the state of human rights on the temporarily occupied territories, namely the prevention of torture and other ill-treatment. Ways to prevent torture and ill-treatment in order to respect human rights and maintain the rule of law have been identified. The author determined that system of counteraction to aggression of Russia, which consists the political, legal and economic means, includes the prevention of torture and ill-treatment.The author notes that the adoption of UN GA resolutions and other documents of the Committee of Ministers of the Council of Europe, the Parliamentary Assembly of the Council of Europe, the Organization for Security and Co-operation in Europe are new elements of increasing legal pressure on Russia. The submission of interstate applications by the Government of Ukraine to the European Court of Human Rights against the Russian Federation is one of the effective means of preventing torture. The article reveals the impact of expert and advocacy activities of non-governmental human rights organizations on the prevention of torture and the state of human rights on the temporarily occupied territories. It is noted that maintaining contacts with the citizens of the Autonomous Republic of Crimea, constant informing, as well as obtaining information by the Ukrainian side on the state of human rights in the temporarily occupied territory provides an opportunity to partially prevent such violations and allow future reintegration of these territories. Keywords: prevention of torture, temporarily occupied territories, armed aggression, observance of human rights.

scholarly journals PERGESERAN NEGARA HUKUM KE ‘NEGARA HIMBAUAN’: MENAKAR DAMPAK REGULASI PENANGANAN COVID-19 TERHADAP PEREKONOMIAN DAN KEUANGAN INDONESIA

2020 ◽  
Vol 3 (2) ◽  
pp. 214-228
Author(s):  
Yafet Y W Rissy
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Large Scale ◽  
Financial Sector ◽  
The Other ◽  
Legal Certainty ◽  
The Future ◽  
Sector Analysis ◽  
Legal Uncertainty ◽  
The Impact

AbstractThis article discusses the shifting phenomenon from rule of law to ‘rule of persuasion’ by analysing regulations concerning Covid-19 mitigation through large-scale social restrictions (PSBB) and their impact on Indonesian economy and financial sector. Analysis of PSBB regulations shows that the regulations do not have criminal and law enforcement provisions that could lead legal uncertainty. PSBB regulations are simply a persuasion model. This has led to the shifting from rule of law to ‘law rule of persuasion’. As a result, on one hand, law enforcement related to PSBB regulations would not be effective and could make the Covid-19 pandemic prolonged, and on the other hand, legal uncertainty itself as well as the Covid-19 pandemic would have serious implications for Indonesian economy and financial sector. It is recommended that in the future, any regulations, especially at the level of statutes (acts), should seriously consider the establishment of legal certainty through criminal provisions and law enforcement and anticipate properly the impact such regulations and Covid-19 on Indonesian economy and financial sector.Keywords: legal uncertainty; rule of law; ‘rule of persuasion’AbstrakArtikel ini membahas fenomena pergeseran negara ke ‘negara himbauan’ dengan melakukan analisis terhadap regulasi terkait penangangan Covid-19 melalui pembatasan sosial berskala besar (PSBB) dan dampaknya terhadap keuangan dan perekonomian Indonesia. Analisis terhadap regulasi PSBB menunjukan bahwa regulasi tidak memiliki ketentuan pidana dan aspek penegakan hukumnya yang dapat menimbulkan ketidakpastian hukum. Regulasi PSBB sekedar merupakan model himbauan yang telah menegaskan adanya fenomena pergeseran dari negara hukum ke ‘negara himbauan’. Akibatnya, di satu sisi, penegakan hukum terhadap regulasi PSBB tidak akan berjalan efektif dan bisa membuat pandemi Covid-19 berkepanjangan, dan di sisi lainnya, ketidakpastian hukum sebagaimana juga pandemic Covid-19 akan memiliki implikasi serius bagi perekonomian dan keuangan Indonesia. Direkomendasikan agar kedepannya, regulasi apapun, utamanya di tingkat undang-undang, harus secara sungguh memperhatikan aspek kepastian hukum melalui pengaturan dalam ketentuan pidana dan penegakan hukumnya dan mengantisipasi secara tepat dampak regulasi dan Covid-19 bagi perekonomian dan keuangan Indonesia. Kata kunci: ketidakpastian hukum; negara hukum; ‘negara himbauan’ 

scholarly journals Using Power-Sharing to Win a War: The Implementation of the Lomé Agreement in Sierra Leone

2009 ◽  
Vol 44 (3) ◽  
pp. 87-107 ◽  
Author(s):  
Helga Malmin Binningsbø ◽  
Kendra Dupuy
Keyword(s):  
Civil War ◽  
Sierra Leone ◽  
Power Sharing ◽  
Peace Agreement ◽  
United Front ◽  
The Government

To end the civil war in Sierra Leone the government and the Revolutionary United Front (RUF) signed a peace agreement guaranteeing power-sharing in July 1999. Such power-sharing is a widely used, often recommended political arrangement to overcome deep divisions between groups. However, scholars disagree on whether power-sharing causes peace, or, on the contrary, causes continuing violence. One reason for this is the literature's tendency to neglect how power-sharing is actually put into place. But post-agreement implementation is essential if we are to judge the performance of power-sharing. Therefore, we investigate the role played by power-sharing in terminating the civil war in Sierra Leone. We argue that the government was able to use the peace agreement to pursue its goal of ending the war through marginalising the RUF.

Protection of human rights in the context of the development of the rule of law principle: The international aspect

2021 ◽  
Vol 28 (1) ◽  
pp. 32-42
Author(s):  
Oleh M. Omelchuk ◽  
Svitlana D. Hrynko ◽  
Alla M. Ivanovska ◽  
Anna L. Misinkevych ◽  
Viktoriia V. Antoniuk
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Annual Reports ◽  
International Level ◽  
International Treaties ◽  
The Rule Of Law ◽  
Post Conflict ◽  
Conflict Situations ◽  
European Court ◽  
Protection Of Human Rights

The consolidation of the principle of supremacy in international documents is described. It is established that the rule of law in the work of the UN has become a subject of constant discussion. It has gained significant momentum since 2007, establishing itself as one of the most important areas of the organisation. UN documents define the rule of law as a principle or as a sphere of activity of the Organisation and member countries. In their report, the UN Secretary-General divides the rule of law into three sectors: the rule of law at the international level, the rule of law in the context of conflict and post-conflict situations, and the rule of law in the context of long-term development. The UN Secretary-General’s annual reports continue to work to promote the rule of law at the national and international levels. UN activities and documents demonstrate that strengthening the rule of law at the international level is impossible without the promotion, observance, and implementation of international treaties, the settlement of disputes by peaceful means, and the protection of human rights that are inextricably linked to the rule of law principle. Areas of activity that strengthen the rule of law are identified. The content of the resolutions “ Rule of Law at the national and international levels” was analysed, based on the results of generalisation of the content and direction of the sessions of the General Assembly during the last fifteen years, the directions of activity within this framework were determined. The rule of law is recognised as one of the fundamental principles of the European Community and enshrined in its regional acts. The elements of the principle of the rule of law are identified based on the results of generalisation of the case law of the European Court of Human Rights. It is established that in the European region a great role in the development and interpretation of the concept of the rule of law is played by its judicial interpretation, which is engaged in by two international judicial institutions: the ECtHR and the European Court of Justice. The rule of law is represented in the work of the Organisation for Security and Co-operation in Europe (OSCE) and plays a significant role in the promotion and protection of human rights. A significant contribution to the development of regulations for the implementation of the rule of law at the international level was made by the International Non-Governmental Organisation “World Justice Project”, which developed in 2010 the Rule of Law Index. The indicators of measuring the rule of law index in the country are characterised and their analysis in the dynamics at the international level and the distribution of the rule of law index by factors in Ukraine

Assessing impacts of environmental peacebuilding in Caquetá, Colombia: a multistakeholder perspective

2021 ◽  
Vol 97 (1) ◽  
pp. 179-199
Author(s):  
Héctor Morales-Muñoz ◽  
Katharina Löhr ◽  
Michelle Bonatti ◽  
Luca Eufemia ◽  
Stefan Sieber
Keyword(s):  
Resource Management ◽  
Natural Resource Management ◽  
Natural Resource ◽  
Mixed Methods Research ◽  
Quantitative Methods ◽  
Sustainable Land Use ◽  
Research Approach ◽  
Peace Agreement ◽  
Post Conflict ◽  
The Impact

Abstract A major challenge in the field of environmental peacebuilding is showing the impact of its initiatives. Questions emerge, such as what kind of postwar peacebuilding dimensions are more likely to be affected by natural resource management projects? Although quantitative studies assess the relation between natural resource management programmes and conflict, the question remains: what are the mechanisms involved in implementing projects designed for environmental peacebuilding? To answer these questions, a mixed methods research approach is chosen, combining four qualitative and quantitative methods to triangulate results. First, we identify a set of peacebuilding dimensions and mechanisms based in the literature that facilitate assessing the impact of sustainable land-use systems (SLUS) design in the post-peace agreement region of Caquetá, Colombia. Second, not only do we interview experts and practitioners at global, national (Colombia) and local (Department of Caquetá) levels in the fields of peacebuilding, natural resource management and environmental peacebuilding, we also conduct three workshops and a survey in Caquetá to prioritize dimensions and discover explanatory mechanisms. The case of Caquetá, Colombia, shows that peacebuilding dimensions, such as socio-economic inclusion (e.g. sustainable livelihoods), creation of governance scenarios, and building capacities for dialogue and a peace culture, should be addressed to take account of the impacts of SLUS projects in post-conflict peacebuilding.

“Spoiling” in the Public Sphere: Political Opposition to Peace Negotiations and the Referendum Campaign in Colombia

2021 ◽  
pp. 1-26
Author(s):  
Joana Amaral
Keyword(s):  
Peace Process ◽  
Public Information ◽  
Armed Forces ◽  
Political Opposition ◽  
Peace Agreement ◽  
Political Actors ◽  
Peace Negotiations ◽  
The Government ◽  
The Public Sphere ◽  
The Impact

Abstract Peace referendums can be exploited by political actors who may gain politically from opposing a peace process. This article explores how political opposition affects peace negotiations, particularly when a referendum is used to ratify an agreement, through the study of the Colombian peace negotiations between the government of President Santos and the Revolutionary Armed Forces of Colombia (FARC). It finds that the exclusive character of the negotiations, coupled with their confidentiality, contributed to the political opposition’s capacity to influence public opinion against the peace process and to reject the peace agreement in the 2016 referendum. This qualitative study is based on the content analysis of reports, memoirs and interviews with key negotiation delegates, journalists and representatives of the referendum campaigns. It argues that political inclusion in peace negotiations can help prevent referendum spoiling, while public information and education during the negotiations can reduce the impact of disinformation and manipulation campaigns.

Sign in / Sign up

Export Citation Format

Share Document