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Peacemaking, Power-sharing and International Law

Imperfect Peace

By: Martin Wählisch
Media of Peacemaking, Power-sharing and International Law
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Published: 05-09-2019
Format: EPUB eBook (?)
Edition: 1st
Extent: 144
ISBN: 9781509914234
Imprint: Hart Publishing
RRP: £70.20
Online price : £63.18
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About Peacemaking, Power-sharing and International Law

This monograph provides a contemporary analysis of the frictions between peacemaking and international human rights law based on the cases of post-conflict 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 need to be untangled to better understand legal limits of statebuilding in the aftermath of armed conflict. It reaches out equally to scholars in human rights law and peace and conflict studies, advisers in peace processes, constitution-makers, and peace mediators.

Reviews

“Lasting peace requires the respect for universal human rights. This book offers unique insights into how to find the balance between practical political solutions and the respect for international law. It is a rich resource for peacemakers and conflict parties, and an indispensable read on the phenomenon of the “imperfect peace”.” –  Jan Eliasson, Deputy Secretary-General of the United Nations, former Swedish Minister for Foreign Affairs,

“A balanced examination of a key issue for mediators and international lawyers alike, the tension between human rights concerns and practical peacemaking. Waehlisch writes with the authority of one who is both an academic but also a political adviser with plentiful hands on experience in the regions from which he draws his case studies, the Balkans and the Arab world.” –  Sir Derek Plumbly KCMG, King's College London, former UN Special Coordinator for Lebanon,

“A rigorous reflection on the tension between peacemaking and the protection of human rights. The focus on two well-chosen case-studies brings the problem to life, and international law is presented in the light of deeply understood practical experience. This illuminating, thought-provoking work deserves to be read by everyone involved in the law, practice or study of peacemaking, statebuilding, or human rights.” –  Professor David Feldman, Cambridge University, former Judge of the Constitutional Court of Bosnia and Herzegovina,

“Is there a law of peace? This insightful book deploys a comparative analysis drawing from the Balkans to the Middle East across the scholarly-practitioner divide to elucidate this now evolving normative development.” –  Professor Ruti Teitel, New York Law School,

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