Promoting Peace Through International Law

by Cecilia Marcela Bailliet (Editor), Kjetil Mujezinovic Larsen (Editor)

Overview

Within international law there is no unified concept of peace. This book addresses this gap by considering the liberal conception of peace within Western philosophy alongside the principle of 'peaceful coexistence' supported in the East. By tracing the evolution of the international law of peace through its historical and philosophical origins, this book investigates whether there is a 'right to peace'.

The book explores how existing international law and institutions contribute to the establishment of peace, or how they fail to do so. It sets out how international law promotes the negative dimension of peace-the absence of structural violence-as well as its positive dimension: the presence of underlying conditions for peace. It also investigates whether international actors and institutions have particular obligations in relation to the establishment and maintenance of peace.

Discussions include: the relationships between the different regimes of human rights, trade, development, the environment, and regulation of arms trade with peace; the role of women, refugees, and other groups seeking equal treatment; the role of peacekeepers, transitional justice mechanisms, international courts fact-finding missions, and national constitutional frameworks in upholding peace in practice; and how civil society participates in the promotion and safeguarding of peace.

The book's comprehensive treatment of the concept of peace in international law makes it an ideal reference work for those working in the field, as well as for students.

Product Details

ISBN-13:	9780198722731
Publisher:	Oxford University Press
Publication date:	03/29/2015
Pages:	492
Product dimensions:	6.20(w) x 9.30(h) x 1.50(d)

About the Author

Cecilia Marcela Bailliet, Professor of Law, Dr. jur., Department of Public & International Law, University of Oslo, Norway,Kjetil Mujezinovic Larsen, Professor of Law, PhD, Norwegian Centre for Human Rights, University of Oslo, Norway

Cecilia Marcela Bailliet is Professor Dr. Jur., Director of the Master's Program in Public International Law and Coordinator at the PluriCourts Centre for the Study of the Legitimacy of the International Judiciary at the University of Oslo, Norway. She has a doctoral degree in law from the University of Oslo and combined JD/MA (honours) degree from the George Washington University Law School & Elliott School of International Affairs. She researches and teaches within the cross fields of international public law, human rights, refugee law, and peace. Among her publications are: 'Non-State Actors, Soft Law and Protective Regimes' (2012), 'Cosmopolitan Justice and Its Discontents' (co-edited with Katja Franko Aas, 2011), and 'Security: A Multidisciplinary Normative Approach' (2009).


Kjetil Mujezinovic Larsen is Professor of Law (PhD), Director of Research, and Deputy Director, at the Norwegian Centre for Human Rights at the University of Oslo, where he does research and teaching in human rights law and international humanitarian law. He is the author of the book 'The Human Rights Treaty Obligations of Peacekeepers' (2012) and editor of the anthology 'Searching for a "Principle of Humanity" in International Humanitarian Law' (2013). He is the Norwegian editor of the Nordic Journal of Law and Justice ('Retfaerd'), member of the Editorial Board of the Forum for International Criminal and Humanitarian Law, and responsible for entries concerning the laws of war in the Norwegian encyclopedia 'Store norske leksikon'.

Table of Contents

1. Promoting peace through international law: Introduction, Cecilia M. Bailliet and Kjetil Mujezinovic LarsenPart I The normative scope of peace and its exceptions2. The politics of peace and law: Realism, internationalism and the cosmopolitan challenge, Kristoffer Liden and Henrik Syse3. Normative foundation of the international law of peace, Cecilia M. Bailliet4. The good faith obligation to maintain international peace and security and the pacific settlement of disputes, Simon O'Connor and Cecilia M. Bailliet5. Protecting which peace for whom against what? A conceptual analysis of collective security, Pal Wrange6. Protection of human rights and the maintenance of international peace and security: Necessary precondition or a clash of interests?, Ola EngdahlPart II Preconditions of peace7. Human rights violations and conflict risk - a theoretical and empirical assessment, Kjersti Skarstad8. Traps of violence: A human rights analysis of relationships between peace and development, Bard A. Andreassen9. Environmentally sustainable development and peace: The role of international law, Christina Voigt10. World peace through world trade? The role of dispute settlement in the WTO, Ole Kristian Fauchald11. The potential of the Arms Trade Treaty to reduce violations of international humanitarian law and human rights law, Gro Nystuen and Kjolv EgelandPart III Civil society participation in the promotion and safeguarding of peace12. Non-discrimination and equality as the foundation of peace, Vibeke Blaker Strand13. Refugees and peace, Maja Janmyr14. Barely begun: The inclusion of women as peacemakers, peacekeepers, and peacebuilders in international law and practice, Cornelia WeissPart IV Institutional implementation of peace15. United Nations peace operations and international law: What kind of law promotes what kind of peace?, Kjetil Mujezinovic Larsen16. It's about trust: Transitional justice and accountability in the search for peace, Jemima Garcia-Godos17. The role and contribution of international courts in furthering peace as an essential community interest, Gentian Zyberi18. International fact-finding mechanisms - lighting candles or cursing darkness?, Cecilie Hellestveit19. The constitutional dimension of peace, Azin Tadjdini20. Education for peace: Epilogue, Maria D. Sommardahl