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B - General Considerations for Approaching the Internationalisation and Legalisation of Peace Agreements between State and Non-State Parties

Published online by Cambridge University Press:  07 June 2018

Cindy Wittke
Affiliation:
Leibniz Institute for East and Southeast European Studies
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Summary

Chapter B helps further the reader's understanding of the challenges of approaching the legal dimensions of peace agreements to settle intra-state conflicts between state and non-state parties. It introduces key terms like 'state' and 'non-state parties' to peace agreements as well as 'third parties', 'intra-state conflict', 'internationalised intra-state peace process' and 'peace agreement between state and non-state parties' to enable coherent usage of these terms throughout the book. Chapter B then focuses on the explanatory power of categorisations of contemporary peace agreements, such as ceasefires, pre-negotiation, and framework agreements. It discusses whether and to what extent these categorisations allow conclusions concerning, first, the legal nature of single agreements that fall into certain categories, and second, groups or clusters of agreements that include agreements of different categories. Based on these evaluations, Chapter B further extends the discussion on the accommodation of internationalised peace agreements between state and non-state parties to domestic, constitutional law and/or international law. It focuses particularly on agreements that include constitutional provisions, and on the potential implications of third parties' involvement during the negotiation and implementation of peace agreements, in terms of the status of the parties and nature of the obligations created by them.
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Chapter
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Law in the Twilight
International Courts and Tribunals, the Security Council and the Internationalisation of Peace Agreements between State and Non-State Parties
, pp. 14 - 82
Publisher: Cambridge University Press
Print publication year: 2018

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