Peacemaking, Power-Sharing and International Law: Imperfect Peace: Imperfect Peace

✍ Scribed by Martin Wählisch

• Publisher: Hart Publishing
• Year: 2018
• Tongue: English
• Leaves: 247
• Category: Library

✦ Synopsis

This monograph provides a contemporary analysis of the frictions between peacemaking and international human rights law based on the cases of postconflict power-sharing in Lebanon and Bosnia-Herzegovina. In this context it evaluates the long-standing debate in the United Nations and human rights bodies about the ‘imperfect peace’. Written from a practitioner–scholarly viewpoint and drawing from new authentic sources, the book describes the mechanisms used in peace agreements and post-conflict constitutions for managing ethnic or religious diversity, explains their legal limits under international human rights law, and provides a conceptual framework for analysing the nexus between law and peacemaking. The book argues that the relationship between the content of peace agreements and post-conflict constitutions, their negotiation process and the element of time, needs to be untangled to better understand the legal limits of statebuilding in the aftermath of armed conflict. It is a key resource for scholars in human rights law and peace and conflict studies, advisers in peace processes, constitution-makers, and peace mediators.

✦ Table of Contents

Preface
Contents
List of Abbreviations
Table of Cases
Table of International Conventions, Treaties, Peace Agreements, Documents and Reports
List of Figures and Tables
1. Introduction
I. State Transitions, Power-Sharing and International Law
II. Closing the Gap
III. Methodology and Scope
2. Power-Sharing in Theory and Practice Concepts, Mechanisms
and Legal Challenges
I. Ethnic and Religious Diversity as a Challengefor International Law
II. Democracy Theory and the Perspectiveof Conflict Resolution
III. Mechanisms
IV. The Legal Debate
V. Conclusion: The Necessity and Challengesof Bridging Interdisciplinary Perspectives
3. Power-Sharing on Trial: Sejdić and Finci v Bosnia and Herzegovina
I. Bosnia and Herzegovina between Transitionand Transformation
II. Relevant Decisions of Bosnia and Herzegovina’s Constitutional Court (1997–2009)
III. ECtHR Definition of Ethnic-RacialDiscrimination in Sejdić and Finci
IV. Justifying Human Rights Restrictions
V. Post-trial Developments and ConstitutionalReform Process
VI. Conclusion
4. Through the Lens of Human Rights Committees Lebanese Political Confessionalism and Transitional Mechanism
I. State Stability, Sectarian Traditionsand Socio-Political Change
II. Reports Submitted by Lebanonto the Committee on the Eliminationof Racial Discrimination
III. Debate in the Committee on the Eliminationof Racial Discrimination
IV. Analysis: Confessionalism andNon-Discrimination
V. Transitional Power-Sharing, Unity Governments, Proportions of High-Level Posts and the Rightto Participation
VI. Proportionality and Time Limitations
VII. Conclusion
5. On the Law of Peace: Parameters, Challenges and Limits
I. The Quest for Absolute Limitations in Peacemaking
II. Peremptory Norms and Peacemaking
III. A Conceptual Model for Reflections about the Law of Peace Debate
IV. Open Questions and Future Research Agenda
V. Concluding Remarks
Appendix
Bibliography
Index