scholarly journals Peace Settlements and International Law: From Lex Pacificatoria to Jus Post Bellum

2012 ◽  
Author(s):  
Christine Bell
Keyword(s):  
International Law ◽  
Jus Post Bellum ◽  
Peace Settlements

Defining the Environment

2017 ◽  
Author(s):  
Cymie R. Payne
Keyword(s):  
International Law ◽  
Human Life ◽  
Fundamental Aspect ◽  
Environmental Damage ◽  
Jus Post Bellum ◽  
Complex Concept ◽  
Scientific Analysis ◽  
Environmental Integrity ◽  
Healthy Functioning

The principle of ‘environmental integrity’ is a fundamental aspect of jus post bellum. Human life, economy, and culture depend on a healthy, functioning environment. However, environmental integrity is a complex concept to describe. Doctrinal thresholds for legally material environmental damage (significant, long-term, widespread) do not capture it. This chapter interrogates the jus post bellum literature and then turns to scholarship on wilderness management in the Anthropocene era, which also engages with the meaning of ‘environmental integrity’, ‘naturalness’, ‘unimpaired’, or, in the words of the Factory at Chorzów case which sets the international law standard for reparations of damage, ‘the situation which would, in all probability, have existed if that act had not been committed’. Recognition that pristine or historical conditions are often impossible to recover or maintain leads to the legal, ethical, and scientific analysis of evolving environmental norms that this chapter offers.

Odious Debt and Jus Post Bellum

2015 ◽  
Vol 16 (4) ◽  
pp. 666-694
Author(s):  
James Gallen
Keyword(s):  
International Law ◽  
Financial Burden ◽  
Standard Of Care ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Public International Law ◽  
Jus Post Bellum ◽  
Legal Principle ◽  
Odious Debt

Odious debt concerns the repudiation and cancellation of debt accrued by a State for ‘odious’ purposes. This article argues that odious debt can play a role in jus post bellum in lessening the financial burden placed on States who experience conflict and generate a clear standard for investors who seek to enforce a State’s obligations to repay its debts and other financial obligations after conflict. This article highlights several challenges inhibiting the translation of the proposal of odious debt into an international legal principle. It offers a conception of odious debt that seeks to resolve these challenges by aligning with other areas of public international law which operate concurrently. This article considers how international human rights law could give clear meaning to the contested term ‘odious’, how to conceive of the appropriate standard of care for creditors and examines potential institutions for debt resolution and potential incentives of relevant actors.

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.

Jus Post Bellum: The Perspective of a Just-War Theorist

2007 ◽  
Vol 20 (3) ◽  
pp. 571-591 ◽  
Author(s):  
BRIAN OREND
Keyword(s):  
International Law ◽  
Regime Change ◽  
Just War ◽  
Geneva Convention ◽  
Just War Theory ◽  
Point Of View ◽  
The Body ◽  
Topical Issue ◽  
Jus Post Bellum

The introduction explains how this essay articulates the issue of ‘justice after war’ from the point of view of just-war theory, and how such a view can and ought to impact upon international law, for instance by inspiring the eventual development of a new treaty, or Geneva Convention, exclusively concerned with issues of postwar justice. In the body of the essay, attention is first given to explaining why just-war theory has traditionally ignored, or even rejected, jus post bellum. Second, argument is made as to why this ignorance and rejection must be overcome, and replaced with information and inclusion. Third, principles drawing on traditional just-war theory are constructed and defended, for jus post bellum in general and for forcible postwar regime change in particular. Finally, several remaining challenges are addressed, seeking to dissolve doubts and strengthen resolve towards working for progress on this vital and topical issue of jus post bellum.

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.

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.

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