Jus ad Bellum, Jus in Bello and Jus post Bellum
- Research Handbooks in International Law series
Edited by Nigel White and Christian Henderson
Chapter 15: Peace settlements and international law: from lex pacificatoria to jus post bellum
This chapter will examine the ways in which peace settlements are producing a lex pacificatoria, a new ‘law of the peacemakers’, in a range of different areas relating to international conflict and security law. The chapter considers the relationship between this ‘lex pax’ and proposals for re-invigorating a concept of jus post bellum which forms a theme of this collection. The chapter illustrates how the practice of fashioning and implementing peace settlements is forcing a revision of relevant international law, as the traditional assumptions and boundaries of relevant legal regimes do not fit within post-settlement political landscapes, are inadequate for enabling and regulating peace settlement implementation, and do not contain guidance for the dilemmas faced post-settlement. The chapter sets out the relationship between peace agreements and international law, describing the ways in which a lack of fit between peace settlement dilemmas and international legal doctrines has generated new practices and new articulations of international law. Building on earlier arguments, I argue that these revisions constitute a new lex pacificatoria, or ‘law of the peacemakers’, in the form of a normativized practice of conflict resolution. The extent to which these new practices constitute ‘law’ at all is critically evaluated throughout the chapter. In conclusion, I consider whether it is possible, useful and desirable to frame and develop the ‘new law’ as a new jus post bellum that might supplement existing categories of jus ad bellum and jus in bello. The contemporary peace settlement is a post-Cold War phenomenon.
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.