scholarly journals UN peace operations in a multipolar order: Building peace through the rule of law and bottom-up approaches

2021 ◽  
Vol 42 (2) ◽  
pp. 197-210 ◽  
Author(s):  
Kari M. Osland ◽  
Mateja Peter
2018 ◽  
Vol 43 (02) ◽  
pp. 528-553 ◽  
Author(s):  
Hanoch Dagan ◽  
Roy Kreitner

New legal realism (NLR) furthers the legal realist legacy by focusing attention on both the pertinent social science and the craft that typifies legal discourse and legal institutions. NLR's globalized ambitions also highlight the potential of a nonstatist view of law. The realist view of law raises three challenges facing NLR: identifying the “lingua franca” of law as an academic discipline within which NLR insights on translation and synthesis should be situated; conceptualizing NLR's focus on bottom-up investigation, so that it does not defy the rule of law; and recognizing the normative underpinning for NLR's reformist impulse.


2013 ◽  
Vol 10 (1) ◽  
pp. 166-192
Author(s):  
Bruce Oswald

This paper seeks to address how UN military members undertaking UN peacekeeping operations should engage with customary or informal justice systems that they encounter. The relevant guidance that exists suggests that, as a policy matter, informal justice systems should not be allowed to deal with matters of serious crime because of the danger they may violate basic rights, and because dealing with serious crime is a key prerogative of the state. However, there is a growing movement away from adopting a unitary, state-centric rule of law orthodoxy approach, towards viewing the rule of law from the perspective of legal pluralism. Using that perspective, and in acknowledging that military members of UN peace operations are highly likely to be confronted by informal justice systems during peace operations, this paper maps three principles that UN military members should apply when dealing with informal justice systems in the context of UN peace operations: giving due regard to applicable informal justice systems, maintaining oversight of the application of informal justice norms and practices, and avoiding corrupting informal justice systems.


2009 ◽  
Vol 13 (3-4) ◽  
pp. 267-293 ◽  
Author(s):  
Charles Hunt ◽  
Bryn Hughes

AbstractAlthough the 'rule of law' is now widely recognised as indispensable to effective peace operations, its delineation remains elusive. Researchers contest its substance while those most responsible for its implementation (e. g. the United Nations) promulgate only abstract notions needed to inform detailed decisions. At its worst, this means that competing reform activities undermine each other, making long term success less likely. The questions we address are about the deficiencies in how rule of law is conceived. Particular attention is paid to the little recognised assumption that the Weberian state ideal corresponds to the societies on the receiving end of international interventions. After a review of extant academic and practitioner viewpoints, we set out a postWeberian framework which expands the dominant imagination to include non-state rule of law 'providers'. We argue that the optimum sources for immediate yet sustainable rule of law solutions may often be those which bear little resemblance to the conventional state-based providers that populate mainstream conceptions.


2014 ◽  
Vol 18 (1) ◽  
pp. 217-248
Author(s):  
Shane Chalmers ◽  
Jeremy Farrall

In this article, we examine how the tension between justice and force informs the efforts of the United Nations (un) to promote the rule of law through its peace operations. We begin by showing how the un’s discourse of ‘securing peace’ has three antagonistic propositions holding it together in a combustible way. The propositions are: first, peace contains the force of war; second, law contains the force of peace; and third, justice contains the force of law. With the antagonistic arrangement of these propositions in mind, we then show how the un has developed two contrasting approaches to promoting the rule of law through its peace operations, which we describe as its ‘aspirational’ and ‘operational’ visions of the rule of law. The aspirational vision combines the need for an effective and accountable security sector with a focus on the substantive requirements of justice, thus aspiring to bring all three propositions together in the rule of law. By contrast, the un’s operational vision prioritizes security, stability and order, thus losing sight of the importance of justice. We demonstrate this divergence between the un’s aspirational and operational visions through a study of the un’s peace operations in Liberia between 1993 and 2014, with a focus on the rule of law promotion activities of the un Mission in Liberia (unmil). We argue that the un’s efforts to promote the rule of law through its peace operations risk establishing the conditions for a state of tyranny if they lose sight of the antagonistic but co-dependent relationship between justice and force. The challenge is to prioritize the requirements of force and justice at the same time. While this will not resolve their antagonistic relationship, it has the virtue of acknowledging their co-dependency as an uncomfortable yet unavoidable condition of a state based on the rule of law.


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