Peacemaking, Power-sharing and International Law - Imperfect Peace

Zusatztext Practitioners and scholars alike will find the monograph helpful not only to understand better the relationship between international law and peace, but how to navigate and use it to best effect. Well-informed, Waehlisch offers a sober yet progressive account with insights about real-world dynamics along with thoughtful suggestions for recurrent problems. Those facing the challenges of transitions will find this a timely and indispensable reference. Informationen zum Autor Martin Wählisch works for the United Nations on peace processes, national dialogues and conflict prevention, and is an Affiliated Lecturer at the Center for Peace Mediation and the Institute for Conflict Management at the European University Viadrina. He holds a PhD in International Law and an MA in Mediation. Martin Wählisch works as a policy adviser for the United Nations. He currently serves in the Department for Political Affairs of the UN Secretariat in New York. He has been with the Office of the Special Coordinator for Lebanon, the United Nations Development Program (UNDP), and the Berghof Foundation. He holds a PhD in international law from the Humboldt University of Berlin, Faculty of Law, and a post-graduate degree in Mediation (MA) from the European University Viadrina. He has been a fellow of the American University in Kosovo, the Issam Fares Institute for Public Policy and International Affairs at the American University of Beirut, the Lauterpacht Centre for International Law at the University of Cambridge, the Institute for Global Law, Justice, and Policy at New York Law School, and the Harriman Institute at Columbia University. Vorwort 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. Zusammenfassung 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. Inhaltsverzeichnis 1. IntroductionI. 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 Challenge for International Law II. Democracy Theory and the Perspective of Conflict ResolutionIII. Mechanisms IV. The Legal Debate V. Conclusion: The Necessity and Challenges of Bridging Interdisciplinary Perspectives 3. Power-Sharing on Trial: Sejdic and Finci v Bosnia and Herzegovina I. Bosnia and Herzegovina between Transition and TransformationII. Relevant Decisions of Bosnia and Herzegovina’s Constitutional Court (1997–2009) III. ECtHR Definition of Ethnic-Racial Discrimination in Sejdic and Finci IV. Justifying Human Rights Restrictions V. Post-trial Developments and Constitutional Reform Process VI. Con...

Product details

• Authors: Martin Wahlisch, Martin Wählisch
• Publisher: Hart Publishing
• Languages: English
• Product format: Paperback / Softback
• Released: 22.04.2021
• EAN: 9781509946730
• ISBN: 978-1-5099-4673-0
• No. of pages: 248
• Subjects: Social sciences, law, business > Law > International law, foreign law; LAW / International, International Law