Peace is an elusive concept, especially within the field of international law, varying according to historical era and between contextual applications within different cultures, institutions, societies, and academic traditions. This Research Handbook responds to the gap created by the neglect of peace in international law scholarship. Explaining the normative evolution of peace from the principles of peaceful co-existence to the UN declaration on the right to peace, this Research Handbook calls for the fortification of international institutions to facilitate the pursuit of sustainable peace as a public good. It sets forth a new agenda for research that invites scholars from a broad array of disciplines and fields of law to analyse the contribution of international institutions to the construction and implementation of sustainable peace. With its critical examination of courts, transitional justice institutions, dispute resolution and fact-finding mechanisms, this Research Handbook goes beyond the traditional focus on post-conflict resolution, and includes areas not usually found in analyses of peace such as investment and trade law. Bringing together contributions from leading researchers in the field of international law and peace, this Research Handbook analyses peace in the context of law applicable to women, refugees, environmentalism, sustainable development, disarmament, and other key contemporary issues. This thoughtful Research Handbook will be a crucial tool for policymakers, practitioners, and academics in the fields of international law, human rights, jus post bellum, and development. Its comprehensive insights to the field will also be of benefit for students of political science, law, and peace studies.
Formatted Contents Note
Contents: 1. Introduction: researching international law and peace / Cecilia M. Bailliet Part I The normative scope of peace and its exceptions 2. The politics of peace and law: realism, internationalism and the cosmopolitan challenge / Kristoffer Lidén and Henrik Syse 3. Normative foundation of the international law of peace / Cecilia M. Bailliet 4. The good faith obligation to maintain international peace and security and the Pacific settlement of disputes / Cecilia M. Bailliet and Simon O'Connor 5. Protecting which peace for whom against what?: a conceptual analysis of collective security / Pål Wrange 6. Protection of human rights and the maintenance of international peace and security: necessary precondition or a clash of interests? / Ola Engdahl Part II Preconditions of peace 7. Human rights violations and conflict risk: a theoretical and empirical assessment / Kjersti Skarstad 8. Traps of violence: a human rights analysis of the relationship between peace and sustainable development / Bård A. Andreassen 9. World peace and international investment: the role of investment treaties and arbitration / Ole Kristian Fauchald and Daniel Behn 10. Environmentally sustainable development and peace: the role of international law / Christina Voigt 11. Nuclear abolition from baruch to the ban / Kjølv Egeland 12. The potential of the arms trade treaty to reduce violations of international humanitarian law and human rights law / Gro Nystuen and Kjølv Egeland Part III Civil society participation in the promotion and safeguarding of peace 13. Non-discrimination and equality as the foundations of peace / Vibeke Blaker Strand 14. Refugees and peace / Maja Janmyr 15. Transforming reality: employing international law to end practices that exclude women as peacemakers, peacekeepers, and peacebuilders / Cornelia Weiss Part IV Institutional implementation of peace 16. Promoting peace through the international law of peace operations / Kjetil Mujezinović Larsen 17. Quasi-judicial Mechanisms: International Fact-finding? / Cecilie Hellestveit 18. Building trust through accountability: transitional justice in the search for peace / Jemima García-Godos 19. The role and contribution of international courts in furthering peace as an essential community interest / Gentian Zyberi 20. World peace through world trade? The role of dispute settlement in the WTO / Ole Kristian Fauchald 21. Promoting peace and stability in cyberspace / Sean Kanuck Epilogue / Juan Carlos Sainz-Borgo Index.
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