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D - The Security Council and the Internationalisation 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 D analyses the Security Council's engagement in the negotiation and implementation of peace agreements that brings about the temporary internationalisation of these agreements, as well as their non-state parties' temporary, partial legal subjectivity. The latter is based on how the Security Council approaches the non-state parties to peace agreements directly, holding them accountable for their non-compliance with the terms of peace agreements, in effect pushing towards internationalised status for the agreements and for their non-state parties. Chapter D also discusses the challenges of synchronising the interpretation and implementation of peace agreements with the interpretation of Security Council resolutions addressing these peace agreements. The Security Council's practice of quasi-interpretation and quasi-enforcement of peace agreements to settle intra-state conflicts often strongly dominates their negotiation and implementation. Therefore, Chapter D also considers the risk that the Security Council's involvement may remove control and effective authority over the interpretation and implementation of peace agreements from the state and non-state parties to agreements and make Chapter VII resolutions the source of obligations, interpretation and implementation.
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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. 164 - 208
Publisher: Cambridge University Press
Print publication year: 2018

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