Reconciliation and Reparations

2015 ◽  
Author(s):  
Catherine Lu
Keyword(s):  
International Law ◽  
Political Order ◽  
Political Reconciliation ◽  
Structural Aspects ◽  
Peace Settlements

This chapter distinguishes between two concepts of reconciliation that address two kinds of alienation endemic to contexts of civil, interstate, and transnational wars: relational reconciliation, which responds to alienating interactions between agents, and structural reconciliation, which responds to alienating social and political practices and structures that mediate agents’ activities and relations. These two concepts of reconciliation generate different accounts of the purposes of reparations, the agents responsible for reparations, and the forms that reparative measures should take. Reparations schemes in postwar peace settlements should aim not only to reconcile belligerents relationally to each other but also, more fundamentally, to construct a mutually affirmable and affirmed postconflict social/political order. To the extent that contemporary international law limits the duty of reparations to states that are directly responsible for wrongful conduct and excludes disgorgement as an obligation of structural reparation, it remains too focused on the relational versus structural aspects of political reconciliation.

Introduction: Tracing History, Politics and Law as a Vindication of Palestinian Liberation

2018 ◽  
Vol 8 (2) ◽  
Author(s):  
Berdal Aral
Keyword(s):  
International Law ◽  
Middle Eastern ◽  
Political Order ◽  
Brute Force ◽  
Foreign Policy Analysis ◽  
Special Issue ◽  
Sustainable Peace ◽  
Fields Of Study ◽  
Politics And Law ◽  
General Perspective

Today, the Zionist occupation of Palestine and the continued dislocation of Palestinians for nearly a hundred years through brute force – combined with the former’s discursive hegemony over its victims – remain as major obstacles to the construction of a peaceful and stable international political order in the Middle East. The so-called Palestinian problem remains the key to understand the failure of the Middle Eastern sub-system to produce sustainable peace in the region. This brief introduction to the special issue seeks to explain the general perspective and summarise main arguments of the contributors who have approached the issue of Israeli-Palestinian conflict through the lenses of various fields of study such as international law, foreign policy analysis and discourse analysis. As will be seen, all the authors offer notable critical reflections that challenge established understandings of the Israeli-Palestinian conflict within the mainstream Western media and scholarly literature.        

Introduction: Tracing History, Politics and Law as a Vindication of Palestinian Liberation

2018 ◽  
Vol 8 (2) ◽  
Author(s):  
Berdal Aral
Keyword(s):  
International Law ◽  
Middle Eastern ◽  
Political Order ◽  
Brute Force ◽  
Foreign Policy Analysis ◽  
Special Issue ◽  
Sustainable Peace ◽  
Fields Of Study ◽  
Politics And Law ◽  
General Perspective

Today, the Zionist occupation of Palestine and the continued dislocation of Palestinians for nearly a hundred years through brute force – combined with the former’s discursive hegemony over its victims – remain as major obstacles to the construction of a peaceful and stable international political order in the Middle East. The so-called Palestinian problem remains the key to understand the failure of the Middle Eastern sub-system to produce sustainable peace in the region. This brief introduction to the special issue seeks to explain the general perspective and summarise main arguments of the contributors who have approached the issue of Israeli-Palestinian conflict through the lenses of various fields of study such as international law, foreign policy analysis and discourse analysis. As will be seen, all the authors offer notable critical reflections that challenge established understandings of the Israeli-Palestinian conflict within the mainstream Western media and scholarly literature.         

Peace Settlements and the Prohibition of the Use of Force

2016 ◽  
Author(s):  
Martin Wählisch
Keyword(s):  
International Law ◽  
Use Of Force ◽  
Peace Agreements ◽  
Un Security Council ◽  
Peace Enforcement ◽  
The Relationship ◽  
Legal Consequences ◽  
Peace Treaties ◽  
Peace Settlements

This chapter explores the relationship between peace settlements (which encompass truces, armistices, ceasefires, and peace agreements) and the prohibition of the use of force. It begins by discussing the role of peace treaties in prohibiting the use of force, the consequences of non-compliance with peace settlements, and previous experiences in enforcing ceasefires and peace agreements. It then considers the elements of the applicable normative framework in international law, including the legal basis of peace treaties and the legal consequences of their breach. The chapter concludes by analysing the implementation mechanisms for peace settlements, with particular reference to the practice of monitoring and peace enforcement missions authorized by the UN Security Council.

International Politics of Exception: Competing Visions of International Political Order between Law and Politics

2006 ◽  
Vol 31 (2) ◽  
pp. 135-165 ◽  
Author(s):  
Jef Huysmans
Keyword(s):  
International Relations ◽  
International Law ◽  
International Politics ◽  
Focal Point ◽  
Legal Reasoning ◽  
Radical Change ◽  
Political Order ◽  
Political Leaders ◽  
Law And Politics

Both political leaders and academics often claim exceptional times. But what does it mean to speak of exceptional politics in international relations? In one sense exceptionality is a descriptive category referring to a radical change in the systemic conditions of international politics. In this article a different notion of exception is examined. It refers to a particular method of conceptualizing the nature of international political order. The exception defines political order by means of constitutional-legal reasoning in which different understandings of the nature and status of international law and its political transgressions describe competing visions of international political order. The focal point of this international politics of exception is not the traditional distinction between liberal and realist views of international politics but the constitutionalist triad of normativism, decisionism, and institutionalism.

Althusius

2017 ◽  
Author(s):  
Thomas O. Hueglin
Keyword(s):  
Early Modern ◽  
International Law ◽  
Separation Of Powers ◽  
Political Order ◽  
Modern World ◽  
Federal State ◽  
Individual Rights ◽  
Group Rights ◽  
Nation States ◽  
Modern System

This chapter argues that the contribution of Johannes Althusius to system and order in international law lies in his early-modern construction of a federal theory of politics not yet based on the distinction of national and international law and thus of heuristic value for a post-modern system of transnational order. Widely read at the time, Althusius was harshly condemned during the age of absolutism and largely forgotten in a modern world of sovereign nation-states. The rise of the modern federal state with its strict separation of powers and the assumption of indivisible centralized sovereignty also kept him at the margins as a theorist of federalism. As this chapter attempts to show, reading Althusius can help conceptualizing a post-Westphalian international political order in which individual rights would be complemented by the collective or group rights of a plurality of smaller and larger communities.

What's New in Our Current ‘International Secularism’?

2012 ◽  
Vol 25 (1) ◽  
pp. 67-72
Author(s):  
JEAN-CLAUDE MONOD
Keyword(s):  
International Law ◽  
Political Order ◽  
The Status ◽  
Collège De Sociologie ◽  
Academic Philosophy ◽  
Religion And Nationalism ◽  
The Way

Nathaniel Berman's paper offers us a rich study of the interwar reflections about the intertwining between religion and nationalism, seen as ‘forces’ both dangerous and necessary, which should be ‘freed’ or ‘tamed’ in order to create a new political order. This theme is approached through its theorization by the French Collège de Sociologie and its non-academic philosophy of the sacred (mainly Bataille's transformation of the Durkheimian idea of a ‘left sacred’ and a ‘right sacred’), but also through the discourses and the practices of international law, by prominent lawyers, or through the way European nations dealt with the status of ‘minorities’ or with colonized people living under status of Protectorate. I much appreciate Berman's evocation of these various reflections and the way they ‘complicate’ (both as analysis and as symptoms) the problem of secularization as well as the question of legal internationalism. Let me develop these two points, before coming to some aspects of Berman's reflection that seem to me less convincing or more questionable.

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