scholarly journals Jus Post Bellum as Definition and Practice

2020 ◽  
pp. 269-283
Author(s):  
Maj Grasten
Keyword(s):  
Field Research ◽  
Specific Context ◽  
Legal Form ◽  
Policy Documents ◽  
General Argument ◽  
The Rule Of Law ◽  
Jus Post Bellum ◽  
Post Conflict ◽  
Just Peace ◽  
Oriented Approach

This chapter traces the materialization of the rule of law in post-conflict Kosovo to argue that jus post bellum involves contestation and enactment. It suggests that just peace requires negotiations over what is ‘just’ in any specific context and advocates a more general argument for a sociologically informed approach to international law. This includes due attention to the effects of indeterminacy. Drawing on field research on UNMIK and EULEX in Kosovo, the chapter takes a practice- and process-oriented approach in tracing how international policy concerns entered international legal and policy documents, institutions, and practices. It concludes that just peace, and legal form more generally, are political and never objective.

Victory and the Ending of Conflicts

2017 ◽  
Author(s):  
Eric Patterson
Keyword(s):  
Rule Of Law ◽  
Just War ◽  
Conflict Situation ◽  
State Agency ◽  
Political Leaders ◽  
The Rule Of Law ◽  
Jus Post Bellum ◽  
Post Conflict ◽  
War Aims ◽  
Just Peace

Scholars and political leaders have recently grown increasingly uncomfortable with terms like victory and ‘unconditional surrender’. One reason for this becomes clear when reconsidering the concept of ‘victory’ in terms of ethics and policy in times of war. The just war tradition emphasizes limits and restraint in the conduct of war but also highlights state agency, the rule of law, and appropriate war aims in its historic tenets of right authority, just cause, and right intention. Indeed, the establishment of order and justice are legitimate war aims. Should we not also consider them exemplars, or markers, of just victory? This chapter discusses debates over how conflicts end that have made ‘victory’ problematic and evaluates how just war principles—including jus post bellum principles—help define a moral post-conflict situation that is not just peace, but may perhaps be called ‘victory’ as well.

Moral Responsibilities and the Conflicting Demands ofJus Post Bellum

2009 ◽  
Vol 23 (2) ◽  
pp. 147-164 ◽  
Author(s):  
Mark Evans
Keyword(s):  
Just War ◽  
Just War Theory ◽  
Conflict Situation ◽  
Self Determination ◽  
Jus Post Bellum ◽  
Post Conflict ◽  
Conflicting Demands ◽  
Moral Responsibilities ◽  
Just Peace ◽  
As If

Recently, strong arguments have been offered for the inclusion ofjus post bellumin just war theory. If this addition is indeed justified, it is plain that, due to the variety in types of post-conflict situation, the content ofjus post bellumwill necessarily vary. One instance when it looks as if it should become “extended” in its scope, ranging well beyond (for example) issues of “just peace terms,” is when occupation of a defeated enemy is necessary. In this situation, this article argues that an engagement byjus post bellumwith the morality of post-conflict reconstruction is unavoidable. However, the resulting extension ofjus post bellum's stipulations threatens to generate conflict with another tenet that it would surely wish to endorse with respect to “just occupation,” namely, that sovereignty or self-determination should be restored to the occupied people as soon as is reasonably possible. Hence, the action-guiding objective of the theory could become significantly problematized. The article concludes by considering whether this problem supports the claim that the addition ofjus post bellumto just war theory is actually more problematic than its supporters have realized.

Just War, Just Peace and the Jus post Bellum

2012 ◽  
Vol 81 (3) ◽  
pp. 271-293 ◽  
Author(s):  
Inger Österdahl
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Just War ◽  
Conflict Situation ◽  
Jus Post Bellum ◽  
Normative Framework ◽  
Post Conflict ◽  
Law Of Armed Conflict ◽  
Just Peace ◽  
Law Making

Justice after war is becoming an increasingly pressing concern. The cases of Afghanistan, Iraq and most recently Libya illustrate the importance of as well as the difficulties involved in the efforts to manage the outcome of armed conflict in a constructive way. The jus post bellum is meant to serve as the normative framework for the efforts to stabilise the post-conflict situation. The jus post bellum also has the future peaceful and arguably democratic and human rights respecting development of the post-conflict society in view. This article aims at drawing the conceptual and substantive contours of the jus post bellum and to discuss its relationship with other parts of international law, primarily the other bodies of law making up the law of armed conflict. Depending on one’s perspective the jus post bellum can be claimed not yet to exist, to exist already or irrespective of which to be superfluous as a separate category of law. The article recognises the apparent need for a comprehensive post-conflict law to serve as a bridge between war and stable peace. What way the international community should take in order to arrive at a just and useful normative framework for building peace is far from certain, however.

International Investment Law in the Context of Jus Post Bellum: Are Investment Treaties Likely to Facilitate or Hinder the Transition to Peace?

2015 ◽  
Vol 16 (4) ◽  
pp. 604-632 ◽  
Author(s):  
Jure Zrilič
Keyword(s):  
Rule Of Law ◽  
International Investment ◽  
The Rule Of Law ◽  
International Investment Law ◽  
Jus Post Bellum ◽  
Post Conflict ◽  
Investment Arbitration ◽  
Sustainable Peace ◽  
Investment Law ◽  
Investment Treaties

This article seeks to explore how international investment treaties interact with the transition from armed conflict to peace. While the protection of foreign investors in conflict and post-conflict environments is a necessary requirement for re-establishing the rule of law and attracting new capital that is needed for rebuilding the wrecked economy, the threat of excessive arbitration claims may also complicate the delicate process of creating a stable political order. The article compares traditional, government-to-government methods of settling post-conflict international claims with investor-state arbitration. Unlike investors, governments will usually base their decision about raising a conflict-related claim on a number of extra-legal considerations, such as conditions for sustainable peace. These considerations will often reflect in the amount and the method of payment of post-conflict compensation. The article looks at the investment arbitration practice and identifies certain interpretive tools that take better account of post-conflict realities and lead to more balanced awards.

scholarly journals Just Peace After Conflict

2020 ◽  
Keyword(s):  
Transitional Justice ◽  
Just War Theory ◽  
Democratic Peace ◽  
Jus Post Bellum ◽  
Post Conflict ◽  
Peace And Conflict Studies ◽  
Multiple Dimensions ◽  
Peace And Justice ◽  
Pros And Cons ◽  
Just Peace

The interplay between peace and justice plays an important role in almost any contemporary conflict. Peace and conflict studies have generally devoted more attention to conflict than to peace. Peace is often described in adjectives, such as negative/positive peace, liberal peace or democratic peace. But what elements make a peace just? Just war theory, peacebuilding, or transitional justice provide different perspectives on the dialectic relation between peace and justice and the methods of establishing peace after conflict. Experiences such as the Colombian peace process show that peace is increasingly judicialized. This volume analyses some of the situational, normative, and relational elements of peace in processes of transition. It explores six core themes: conceptual approaches towards just peace, macro-principles, the nexus to security and stability, protection of persons and public goods, rule of law and economic reform and accountability. It engages with understudied issues, such as the pros and cons of robust UN mandates, the link between environment protection and indigenous peoples, the treatment of illegal settlements, the feasibility of vetting practices or the protection labour rights in post-conflict economies. It argues that just peace requires only not negotiation, agreement and compromise (e.g., moderation), but contextual understandings of law, multiple dimensions of justice and strategies of prevention. It complements the two earlier volumes on the legal contours of jus post bellum, namely Just Post Bellum: Mapping the Normative Foundations (2014) and Environmental Protection and Transitions from Conflict to Peace: Clarifying Norms, Principles and Practices (2017).

scholarly journals Robust Peacekeeping Mandates

2020 ◽  
pp. 165-183
Author(s):  
Marco Longobardo
Keyword(s):  
Democratic Republic ◽  
Central Government ◽  
Democratic Republic Of Congo ◽  
Republic Of Congo ◽  
Jus Post Bellum ◽  
Positive Effects ◽  
Post Conflict ◽  
Pros And Cons ◽  
Just Peace

The chapter examines the connection between some recent robust mandates and jus post bellum, based on missions operating in the Democratic Republic of Congo, Mali, and South Sudan. In the framework of robust mandates, peacekeepers’ main responsibilities are to protect civilians and support the local central government in regaining full control over its territory. The author discusses the pros and cons of robust mandates to reach a just and stable post-conflict arrangement. He argues that some recent robust mandates can have some immediate positive effects, but also may make respect for post bellum principles more problematic in the long term. Their contribution to just peace is questionable and requires further study.

scholarly journals Right to Land, Housing, and Property

2020 ◽  
pp. 252-266
Author(s):  
Elisenda Calvet Martínez ◽  
Aitor Díaz Anabitarte
Keyword(s):  
Rule Of Law ◽  
Criminal Prosecution ◽  
The Rule Of Law ◽  
Cultural Rights ◽  
Jus Post Bellum ◽  
State Security ◽  
Post Conflict ◽  
Sustainable Peace ◽  
Conflict Situations ◽  
The Right

The enforcement of economic, social, and cultural rights is often neglected in transitions from conflict to peace. Reconstruction programmes and initiatives of justice in post-conflict situations are still based on the paradigms of state security and criminal prosecution. However, there is a trend to recognize the importance of safeguarding the right of refugees and displaced persons to restitution of land, housing and property so that they can return to their homes and places of residence in safe and dignified conditions, with the aim of promoting the rule of law and achieving a just and lasting peace. The chapter shows the need to deepen and advance the empowerment of the right to restitution as a principle of jus post bellum in order to attain a just and sustainable peace. It claims that jus post bellum should promote ‘positive peace’.

International Investment Arbitration in a Jus Post Bellum Framework

2015 ◽  
Vol 16 (4) ◽  
pp. 633-665
Author(s):  
Merryl Lawry-White
Keyword(s):  
Ad Hoc ◽  
International Investment ◽  
The Rule Of Law ◽  
Legal Norms ◽  
Jus Post Bellum ◽  
Post Conflict ◽  
Investment Arbitration ◽  
Sustainable Peace ◽  
Wide Range ◽  
Investment Treaties

Reaffirming the rule of law and redressing harm to rights are key considerations in the search for a just and sustainable peace. Post-conflict claims for damage to alien property have a long history. The extensive network of investment treaties and relevant protections contained therein suggest that investment arbitration tribunals may play a role in re-establishing respect for international norms post-conflict. Tribunals may also, however, detract from the peacebuilding process if they do not consider the broader context in which they are operating. There is an inherent tension in urging specialist, ad hoc bodies with limited jurisdiction to consider a wide range of circumstances, interests and norms. Yet, as this article demonstrates, the nature of investment treaties and applicable protections, defences, justifications, and procedural tools, afford tribunals avenues to take a broader view of relevant legal norms and of the circumstances and interests implicated in the claim.

The Versailles Peace Treaty Before the Permanent Court of International Justice: Tracing the Legalism of the Paris Settlement

2021 ◽  
Vol 62 (1) ◽  
pp. 129-162
Author(s):  
Thomas Kleinlein
Keyword(s):  
International Law ◽  
Case Law ◽  
International Justice ◽  
Second Step ◽  
Peace Treaty ◽  
International Organisations ◽  
Legal Form ◽  
The Concept Of Law ◽  
Post War ◽  
Just Peace

Abstract: The concept of international law underlying the Versailles Peace Treaty is marked by a complex and ambivalent combination of references to just peace and the use of the legal form. This article analyses the concept of law and the use of legal techniques and institutions in the Paris settlement, and connects it to various contemporaneous strands of ‘legalism' and to the transformation from (classical) nineteenth-century to (modern) twentieth-century international law. In a second step, the article turns to how the ambivalent legalism in the Versailles Peace Treaty impacted on the respective case law of the Permanent Court and how this case law connects to ‘modern' approaches to international law. While, in substance, the cases involving the Versailles Peace Treaty raised issues of both post-war settlement and international organisation, in doctrinal terms, the Court tentatively developed a concept of international law that squares with modern approaches. This can be demonstrated by examination of the case law, which contributed to the law of international organisations, redefined sovereignty, and developed the humanitarian dimension of international law.

Stakeholder Theory and Justice Issues: The Leap from Business Management to Contemporary International Law

2010 ◽  
Vol 10 (2) ◽  
pp. 143-180
Author(s):  
Bronik Matwijkiw ◽  
Anja Matwijkiw
Keyword(s):  
United Nations ◽  
International Law ◽  
Stakeholder Theory ◽  
Rule Of Law ◽  
Transitional Justice ◽  
Business Management ◽  
Secretary General ◽  
The Rule Of Law ◽  
Post Conflict ◽  
The United Nations

AbstractIn this article, the two authors examine the leap from business management to contemporary international law in the context of stakeholder theory. Because stakeholder theory was developed for business management, they provide a thorough account of the original framework. Furthermore, to illustrate the theory's application as a recently adopted parameter for the United Nations, they use former Secretary-General Kofi Atta Annan's 2004-report to the Security Council, "The Rule of Law and Transitional Justice in Conflict and Post-Conflict Societies". Proceeding on the hypothesis that while all premises ultimately match traditional positions in general jurisprudence, it appears that stakeholder theory nevertheless forces the United Nations to take sides in an unprecedented manner, especially pertaining to rights-typology and the credentials-checking for this. Finally, some of the most important implications are distilled as part of an attempt to formulate a few recommendations for United Nations justice managers and administrators.

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