The Emulation of Peace Mediation Practices: Beware of the Jurisgenerative Train

Author(s):  
Emmanuel De Groof

This chapter discusses the deontology of peacemakers and mediators. It outlines the notion of epistemic communities and the reproduction of value systems, asking whether any form of emulation influences the evolution of international law in relation to transitional governance (‘TG’). The re-occurrence of TG can be attributed phenomena such as the ‘migration of constitutional ideas’, ‘constitutional borrowing’, ‘transnational information networks’, acculturation in contact groups, and the use of templates for peace building. The community of practitioners engaged in post-war countries and constitution building is relatively small. As a result, the epistemic community dealing with these issues creates a habitat favourable to the reproduction of professional practices by emulation. The question then becomes whether such reproduction is jurisgenerative, namely whether it expresses emerging law through custom creation or otherwise.

Author(s):  
Dimitar Tyulekov ◽  
Ilko Drenkov ◽  
Jani Nikolla

The League of Nations sets strict professional frameworks that are subordinate to scientific knowledge and international law and respect, without any differences between small and big powers. The first chairman, Eric Drummond, who headed up to 1934, established a huge international prestige of the organization and achieved a number of successes in peace building. The League’s policy in the Balkans is revealed mainly through its relations with Albania and Bulgaria, which both joined the League in December 1920. The two countries rely on the international organization for the peaceful resolution of their political, minority and social problems. Under the supervision of the League of Nations, a number of agreements for voluntary and mutual exchange of people between Greece and Bulgaria are being concluded, which aims to soothe the Macedonian problem in Aegean Macedonia. Under her patronage are the agreements between Greece and Albania regulating the protection of Greek minorities and schools, as well as settling the border dispute between the Serb-Croat-Slovene Kingdom and Albania in 1921. The rapid intervention of the United Nations suspended the Greek aggression on Bulgarian territory in the autumn of 1925 and prevented a possible new war. Dimitar Shalev's petitions from Skopje to the United Nations aim to achieve the Yugoslav state's humane treatment towards Bulgarian minorities within its borders, but political dependencies and overlapping contradictions are an obstacle to peaceful and sustainable political outcomes. In the second half of the 1930s, the League lost its initial prestige, and in the course of the emerging new global conflict it fell into political dependence, marking its collapse. Unresolved issues and contradictions, along with the harsh political post-war realities, quickly bury the League’s noble impetus.


2021 ◽  
pp. 57-69
Author(s):  
Kerstin von Lingen

Kerstin von Lingen explores the parallel development of international prohibitions on the use of force and the crime against humanity to the prosaic development of transnational criminal law in the League era concerned with drugs and humans. Her main concern is to show how representatives from small states, scholars and NGO activists came to form a transnational epistemic community that pressed for change to first how state aggression is controlled under international law and then how crimes against civilians are to be dealt with in the latter phases of World War II.


2015 ◽  
Vol 6 (2) ◽  
pp. 284-305
Author(s):  
Peter Hilpold

In the last years, the traditional dichotomy in international law between jus ad bellum and jus in bello has been more and more abandoned in favour of a system comprising also norms designed to create fair and sustainable peace. It has been recognized that post-war societies need help in order to avoid a relapse into conflict and chaos. But what is the essence of this jus post bellum? What are its sources? Did the introduction of a Responsibility to Protect (r2p) change the rather sceptical attitude by most governments towards peace-building activities that were often considered intrusive? Particular attention will be given to two recent post conflict countries, Kosovo and Libya, where the Responsibility to Rebuild was of considerable importance, but the State community only partially considered (Kosovo) or did not consider at all (Libya). In this contribution it will be shown that the contours of the jus post bellum are still rather unclear but that nevertheless it is very likely that this concept is here to stay.


This book opens a cross-regional dialogue and shifts the Eurocentric discussion on diversity and integration to a more inclusive engagement with South America in private international law issues. It promotes a contemporary vision of private international law as a discipline enabling legal interconnectivity, with the potential to transcend its disciplinary boundaries to further promote the reality of cross-border integration, with its focus on the ever-increasing cross-border mobility of individuals. Private international law embraces legal diversity and pluralism. Different legal traditions continue to meet, interact and integrate in different forms, at the national, regional and international levels. Different systems of substantive law couple with divergent systems of private international law (designed to accommodate the former in cross-border situations). This complex legal landscape impacts individuals and families in cross-border scenarios, and international commerce broadly conceived. Private international law methodologies and techniques offer means for the coordination of this constellation of legal orders and value systems in cross-border situations. Bringing together world-renowned academics and experienced private international lawyers from a wide range of jurisdictions in Europe and South America, this edited collection focuses on the connective capabilities of private international law in bridging and balancing legal diversity as a corollary for the development of integration. The book provides in-depth analysis of the role of private international law in dealing with legal diversity across a diverse range of topics and jurisdictions.


2010 ◽  
Vol 2 (2) ◽  
pp. 103-117 ◽  
Author(s):  
Padraic Kenna

PurposeThe purpose of this paper is to outline and examine the growing corpus of housing rights and assess their relevance and applicability to complex contemporary housing systems across the world.Design/methodology/approachThe paper sets out the principal instruments and commentaries on housing rights developed by the United Nations, regional and other bodies. It assesses their relevance in the context of contemporary analysis of housing systems, organized and directed by networks of legal and other professionals within particular domains.FindingsHousing rights instruments are accepted by all States across the world at the level of international law, national constitutions and laws. The findings suggest that there are significant gaps in the international law conception and framework of housing rights, and indeed, human rights generally, which create major obstacles for the effective implementation of these rights. There is a preoccupation with one element of housing systems, that of subsidized or social housing. However, effective housing rights implementation requires application at meso‐, micro‐ and macro‐levels of modern, dynamic housing systems as a whole. Epistemic communities of professionals develop and shape housing law and policy within these domains. The housing rights paradigm must be further fashioned for effective translation into contemporary housing systems.Research limitations/implicationsThe development of housing rights precedents, both within international and national law, is leading to a wide and diffuse corpus of legislation and case law. More research is needed on specific examples of effective coupling between housing rights and elements of housing systems.Originality/valueThis paper offers housing policy makers and lawyers an avenue into the extensive jurisprudence and writings on housing rights, which will inevitably become part of the lexicon of housing law across the world. It also highlights the limitations of housing rights implementation, but offers some new perspectives on more effective application of these rights.


2021 ◽  
Vol 62 (1) ◽  
pp. 129-162
Author(s):  
Thomas Kleinlein

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.


1927 ◽  
Vol 21 (4) ◽  
pp. 716-736
Author(s):  
James Brown Scott

The scientific organizations which flourished before the World War have had great difficulty in continuing their labors after its termination. The Institute of International Law has been no exception. It was to have met in Munich in September, 1914, and its program had been completely arranged; but the war which started in August, 1914, necessarily put an end to all arrangements for the session. A resort to arms inevitably brings with it a desire for its avoidance; and the greater the war, the greater the desire. A decade, a generation struggles in the mists and shadows, seeking to extricate itself from the post-war spirit, condemning the past somewhat indiscriminately and advocating innovations which, new in expression, are nevertheless the aspirations of those who, in all time, crushed and bruised by force, seek to replace it by justice.


2021 ◽  
Author(s):  
◽  
Bojan Jankovic

<p>This thesis focuses on the role of an international actor - United Nations (UN) - and its missions in Bosnia and Herzegovina (UNMBiH) during 1992-1995 and Kosovo (UNMIK) in the post war conflict period of peace building. It scrutinizes the tenor of UN peace building missions in these territories by analysing the scope of the policies introduced and the effectiveness (or ineffectiveness) of the international actors' activities during the times of war in Bosnia and Herzegovina (BiH) before the conflict in Kosovo and Metohija (KiM); and the current situation in these two territories. The thesis will also argue that the ethnic identities played a critical role in relation building between the UN and ethnic groups, where the one ethnic group (Serbs) was recognised as a crucial factor for the conflict's escalation and development. A further focus in this thesis is not only to provide constructive discussion of the ineffectiveness of policies and missions introduced by International Actors (IA) but also to challenge the UN and IA's decision for non-intervention in BiH and to address the consequence of subsequent humanitarian-military intervention in KiM. This paper outlines an analysis of the lack of literature relating to the historical-sociological perspective of the ethnic groups' in BiH. The lack of understanding of the complex relationships among the ethnicities is an additional gap. This is exacerbated by the lack of understanding of the complex relationships among the ethnicities, within itself, as well as the differences among the groups within each ethnic group. It appears that the literature is unable to acknowledge the structural formation of societies in BiH, and to make proper segmentation in understanding the particular group of people (Rex, 2001) as a collection of peoples with different sociological characteristics combined into something called 'ethnicity'. The handicap of such literature leads to the categorisation and generalisation of ethnicities; not at one particular area of an ethnic group's presence but to the generalisation of the peoples' ethnicities (all Serbs are barbarous, similar to the Germans after WWII). This paper argues that such generalisations developed the notion that the particular ethnic group (Serbs) has an 'evil' character, regardless of the territorial occupation (Bosnia as well as Serbia and Diaspora). In addition, the lack of recognising Serbs as a people composed of different individual (local) ethnic groups led to the global generalisation about Serbs. And yet, such generalisations, by the modern western actors, i.e. UN, EU (European Union) and USA (United States of America), led to the employment of negative assumptions about the Serbs which served as a tool for, and added impetus to, the implementation of a strategy to achieve the Western objectives of the devaluation of Serbian dominance in Bosnia and across the Balkan Peninsula. Therefore the quality of literature, in addressing the questions about the conflict in BiH and later KiM, beside its attempts to offer some sustainable answers, remains inadequate and poor. This unsubstantiated position, offered by many involved in former-Yugoslavian conflict discussions, to offer an informed conclusion, persists as a never-ending debate. Yet, the discourse about the guilty factor in BiH and KiM remains in the shape of the 'evil' Serbian nation.</p>


2017 ◽  
Vol 1 ◽  
pp. 55-62
Author(s):  
Nicholas Overgaard

Although we accept that a scientific mosaic is a set of theories and methods accepted and employed by a scientific community, scientific community currently lacks a proper definition in scientonomy. In this paper, I will outline a basic taxonomy for the bearers of a mosaic, i.e. the social agents of scientific change. I begin by differentiating between accidental group and community through the respective absence and presence of a collective intentionality. I then identify two subtypes of community: the epistemic community that has a collective intentionality to know the world, and the non-epistemic community that does not have such a collective intentionality. I note that both epistemic and non-epistemic communities might bear mosaics, but that epistemic communities are the intended social agents of scientific change because their main collective intentionality is to know the world and, in effect, to change their mosaics. I conclude my paper by arguing we are not currently in a position to properly define scientific community per se because of the risk of confusing pseudoscientific communities with scientific communities. However, I propose that we can for now rely on the definition of epistemic community as the proper social agent of scientific change.Suggested Modifications[Sciento-2017-0012]: Accept the following taxonomy of group, accidental group, and community:Group ≡ two or more people who share any characteristic.Accidental group ≡ a group that does not have a collective intentionality.Community ≡ a group that has a collective intentionality. [Sciento-2017-0013]: Provided that the preceding modification [Sciento-2017-0012] is accepted, accept that communities can consist of other communities.[Sciento-2017-0014]: Provided that modification [Sciento-2017-0012] is accepted, accept the following definitions of epistemic community and non-epistemic community as subtypes of community:Epistemic community ≡ a community that has a collective intentionality to know the world.Non-epistemic community ≡ a community that does not have a collective intentionality to know the world.[Sciento-2017-0015]: Provideed that modification [Sciento-2017-0013] and [Sciento-2017-0014] are accepted, accept that a non-epistemic community can consist of epistemic communities.


2018 ◽  
Vol 8 (1) ◽  
Author(s):  
Dr. Muhidin Mulalic

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.


Sign in / Sign up

Export Citation Format

Share Document