Fighting Well for a Just Peace? Exploring the In Bello/Post Bellum Dependence Thesis

2020 ◽  
pp. 77-95
Keyword(s):  
Just Peace

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.

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.

scholarly journals The Social Market Roots of Democratic Peace

2009 ◽  
Vol 33 (4) ◽  
pp. 52-86 ◽  
Author(s):  
Michael Mousseau
Keyword(s):  
International Law ◽  
Liberal Democracy ◽  
Democratic Peace ◽  
Economic Opportunity ◽  
Law And Order ◽  
Power Politics ◽  
The Social ◽  
Great Power Politics ◽  
Social Market ◽  
Just Peace

Democracy does not cause peace among nations. Rather, domestic conditions cause both democracy and peace. From 1961 to 2001, democratic nations engaged in numerous fatal conflicts with each other, including at least one war, yet not a single fatal militarized incident occurred between nations with contract-intensive economies—those where most people have the opportunity to participate in the market. In contract-intensive economies, individuals learn to respect the choices of others and value equal application of the law. They demand liberal democracy at home and perceive it in their interest to respect the rights of nations and international law abroad. The consequences involve more than just peace: the contract-intensive democracies are in natural alliance against any actor—state or nonstate—that seeks to challenge Westphalian law and order. Because China and Russia lack contractualist economies, the economic divide will define great power politics in the coming decade. To address the challenges posed by China and Russia, preserve the Westphalian order, and secure their citizens from terrorism, the contract-intensive powers should focus their efforts on supporting global economic opportunity, rather than on promoting democracy.

scholarly journals Critical Analysis of Sociology and Social Research Studies in Bosnia and Herzegovina

2018 ◽  
Vol 8 (1) ◽  
Author(s):  
Dr. Muhidin Mulalic
Keyword(s):  
Conflict Resolution ◽  
Bosnia And Herzegovina ◽  
Social Research ◽  
Institutional Context ◽  
Peace Building ◽  
Social Transformations ◽  
Law And Morality ◽  
Post War ◽  
Just Peace ◽  
Survey Approach

Although sociology is a modern discipline, sociologists in Bosnia and Herzegovina must consider distant past and present to tackle the questions of identity, nationality, ethnicity, language and religion. Sociological prominence had gained its focus in post-war Bosnia and Herzegovina because of conflict resolution, peace building and overall social transformations and emerging challenges and issues. Such transformation of post-war Bosnian society coupled with a socio-political and economic crisis had opened the door for sociological and anthropological studies and research. Post-war society that eventually aims at a just peace, as Bosnia and Herzegovina where genocide had taken place, cannot without addressing sociological dimensions of war, justice, law and morality. Sociology as a discipline, within the institutional context, has also undergone significant changes and transformations. Using a survey approach, this paper aims to analyze why sociology is significant discipline in Bosnia and Herzegovina. Indeed, it is significant to analyze sociological and institutional transformations and their influence on the creation of new social models related to identity, nationality, religion, language, ethnicity, conflict resolution, war and justice.

scholarly journals Integral ecology, just peace, and mining

2021 ◽  
pp. 117-132
Author(s):  
Anna Floerke Scheid ◽  
Daniel P. Scheid
Keyword(s):  
Just Peace ◽  
Integral Ecology

scholarly journals El Escipión de La Numancia o el miedo a perder la Fama

2021 ◽  
Author(s):  
Jordi Aladro
Keyword(s):  
Just Peace

This work examines how the Cervantine tragedy Numancia portrays the figure of the Roman Consul Scipio, an unscrupulous leader who is more interested in increasing his fame than in achieving a just peace. It seems relevant to highlight the rivalry between Scipio and Theogenes, a rivalry that is neither political nor military, but a fight of egos. Both yearn for the fame and notoriety resulting from unusual feats that will forever be retold. Theogenes substantiates his fame through the mass suicide of his people. Scipio is driven by pride when defeating the brave Numancians through starvation only to fulfil his promise to triumph without spilling Roman blood.

scholarly journals “Not peace but a sword” (Mt 10:34)

2020 ◽  
Vol 5 (3) ◽  
Author(s):  
Gerald West
Keyword(s):  
Community Development ◽  
Bible Study ◽  
Hiv Positive ◽  
Unexpected Outcome ◽  
Just Peace

An unexpected outcome of the work of the Ujamaa Centre for Community Development and Research with marginalised sectors is their sense that Contextual Bible Study resources provide them with an interpretive resilience that enables them to return to the churches that have marginalised them because they are unemployed, HIV-positive, or queer. This article explores the notion of ‘interpretive resilience’ and reflects on its capacity to reintegrate those who have been marginalised by dominant theologies. “Interpretive resilience” may have the capacity to construct forms of communal peace, but the article asks, what if what is required is ‘interpretive resistance’, which puts the sword to dominant interpretations in the quest for a more just peace? A particular case study, to do with issues of homosexuality, gives shape and substance to the theoretical reflections.1

From just war to just peace

2009 ◽  
pp. 255-274 ◽  
Author(s):  
Mary Kaldor ◽  
Richard Dannatt
Keyword(s):  
Just War ◽  
Just Peace
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