On the Law of Peace : Peace Agreements and the Lex Pacificatoria

This book provides a comprehensive analysis of the use of peace agreements from a legal perspective. The book describes and evaluates the development of contemporary peace agreement practice, and the documents which emerge. It sets out what is in essence an anatomy of peace agreement practice, and locates this practice with reference to the role of law. The last fifteen years have seen a proliferation of peace agreements. These peace agreements have been produced as a result of complex peace processes involving multi-party negotiations between the main protagonists of conflict, often with the involvement of international actors. They document attempts to end conflict, and this book argues that they play an underestimated role in a political process that centrally revolves around law. Understanding peace agreements is important to understanding contemporary peace processes. Law plays two key roles with respect to peace agreements: first, to the extent that peace agreements themselves form legal documents, law plays a role in the 'enforcement' or implementation of the peace agreement; second, international law has a relationship to peace agreement negotiation and content, in an enabling or regulatory capacity. The aim of the book is to evaluate the role which law plays both in enforcing peace agreements and through a normative framework which constrains the ways in which they operate. This evaluation reveals a deeper link between the legal status of peace agreements and their normative regulation as mutually shaping, in what is argued to be a developing lex pacificatoria - or law of the peace makers. This lex pacificatoria stands as an account of the way in which international law shapes and is shaped by peace agreements, in ways which impact on contemporary debates about the force of international law. This book provides a comprehensive analysis of the use of peace agreements from a legal perspective. It describes and evaluates the development of contemporary peace processes and the peace agreements that emerge. The book sets out what is in essence an anatomy of peace agreement practice and interrogates its relationship to law. At its heart the book grapples with the role of law in ending violent conflict and the broader questions this raises for the relationship of law to social change. Law potentially plays two key roles with respect to peace agreements: first, to the extent that peace agreements themselves form legal documents, law plays a role in the'enforcement'or implementation of the peace agreement; second, international law has a relationship to peace agreement negotiation and content, in its regulatory guise. International Law regulates self-determination, transitional justice, and the role of third parties. The book documants and analyses these two roles of law. In doing so, the book reveals a complex dynamic relationship between the peace agreement as a legal document and the role of international law in which international law and concepts of domestic constitutionalism are being re-shaped. The practice of negotiating peace agreements is argued to be producing a new law of the peacemaker-or lex pacificatoria that connects developments in international law with new forms of domestic constitutional law in a set of hybrid relationships. This law of the peacemaker potentially forms part of a broader'law of peace'that moves beyond the traditional concept of law of peace as merely'the rest of international law'once the laws of war are subtracted. The new lex pacificatoria stands as an account of the way in which international law shapes and is shaped by peace agreements. The book proposes an ambivalent response to'this new law'which connects to contemporary debates about the force of international law and its appropriate relationship with domestic constitutonalism. ## Abstract This book provides a comprehensive analysis of the use of peace agreements from a legal perspective. It describes and evaluates the development of contemporary peace processes and the peace agreements that emerge. At its heart, the book grapples with the role of law in ending violent conflict and the broader questions this raises for the relationship of law to social change. Law potentially plays two key roles with respect to peace agreements. First, to the extent that peace agreements themselves form legal documents, law plays a role in the ‘enforcement’ or implementation of the peace agreement; second, international law has a relationship to peace agreement negotiation and content, in its regulatory guise. International law regulates self-determination, transitional justice, and the role of third parties. The book documents and analyses these two roles of law, revealing a complex and dynamic relationship between them. The practice of negotiating peace agreements is argued to be producing a new law of the peacemaker — or lex pacificatoria that connects developments in international law with new forms of domestic constitutional law in a set of hybrid relationships. This lex pacificatoria potentially forms part of a broader ‘law of peace’ that moves beyond the traditional concept of the law of peace as merely ‘the rest of international law’ once the laws of war are subtracted. The new lex pacificatoria stands as an account of the way in which international law shapes and is shaped by peace agreements. The book proposes an ambivalent response to this ‘new law’ which connects to contemporary debates about the force of international law and its appropriate relationship with domestic constitutionalism.

This book describes and evaluates the development of contemporary peace processes and the peace agreements that emerge, from a legal perspective. It sets out an anatomy of peace agreement practice and interrogates its relationship to law. At its heart the book grapples with the role of law in ending violent conflict and the broader questions this raises for the relationship of law to social, change.

Law potentially plays two key roles with respect to peace agreements: first, to the extent that peace agreements themselves form legal documents, law plays an enforcement or implementation role; second, international law has a regulatory relationship to peace agreement negotiating, and content. International law regulates self-determination, transitional justice, and the role of third parties, all key elements in peace agreements.

The book documents and analyses these two roles of law to reveal a complex and dynamic relationship between the peace agreement as legal document and the regulatory role of international law. The practice of negotiating peace agreements is argued to be producing a new law of the peacemaker-or lex pacificatoria that connects developments in international law with new forms of domestic constitutional law in a set of hybrid relationships. This law of the peacemaker potentially forms part of a broader 'law of peace' that moves beyond the traditional concept of the law of peace as merely 'the rest of international law' once the laws of war are subtracted.

Dedication 6 Acknowledgements 8 Contents—Summary 10 Table of Cases 20 Table of Treaties, Conventions, and Other International Instruments 24 Prologue 28 INTRODUCTION 30 1. An Overture 32 I. UNDERSTANDING PEACE AGREEMENTS 52 2. The Rise in Peace Agreements and International Law 54 3. Peace Agreement Patterns 73 4. The Peace Agreement in Historical Context 104 5. The Contemporary Peace Agreement 132 II. PEACE AGREEMENTS AS LEGAL DOCUMENTS: TOWARDS A LEX PACIFICATORIA 152 6. The Difficulties of Legal Classifi cation 154 7. Peace Agreement Legal Form 171 8. Peace Agreement Obligations 189 9. Peace Agreement Th ird Party Enforcement 202 III. PEACE AGREEMENTS AND THE REVISION OF INTERNATIONAL LAW: THE FORCE OF THE LEX 224 10. Constitutionalizing Confl ict 226 11. The New Law of Hybrid Self-determination 245 12. The New Law of Transitional Justice 266 13. The New Law of Third Party Enforcement 286 CONCLUSION 310 14. Lex Pacificatoria: Marriage of Heaven and Hell 312 APPENDICES 332 Appendix 1. Peace Agreement Collection: Description of Content, Sources and Format 332 Appendix 2. Intrastate Peace Agreements 337 Appendix 3. Interstate Agreements addressing Intrastate Confl ict 365 Appendix 4. Interstate Peace Agreements 368 Bibliography 372 Index 398 Analysing how and why peace agreements are produced, this title focuses on the extent to which they are regulated by law, or impose legally binding obligations.