Environmental Protection and Transitions from Conflict to Peace

Environmental Protection and Transitions from Conflict to Peace

Author: Carsten Stahn

Publisher: Oxford University Press

Published: 2017-10-13

Total Pages: 513

ISBN-13: 0191087580

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This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. Environmental protection is fundamental for the establishment of sustainable peace. Applying traditional legal approaches to protection raises particular challenges during the transition from conflict to peace. In the jus post bellum context, protection of the environment and natural resources needs to be considered in tandem with a broad range of simultaneously applicable normative frameworks, such as human rights, transitional justice, arms control/disarmament, UN law and practice, development, and domestic law. While certain multilateral environment agreements, such as the Convention Concerning the Protection of the World Cultural and Natural Heritage protect the environment; international humanitarian law and international criminal law continue to treat environmental protection largely from an anthropocentric perspective. This book is the first targeted work in the legal literature that investigates environmental challenges in the aftermath of conflict. Addressing these challenges, it brings together academics, policy-makers, and practitioners from different disciplines to clarify policies and practices of environmental protection and key normative frameworks. It draws on experiences and practices in post-conflict settings to specify substantive principles and techniques to remedy and prevent harm.


Transition to Peace

Transition to Peace

Author: Ho-Won Jeong

Publisher: Rowman & Littlefield

Published: 2021-10-15

Total Pages: 277

ISBN-13: 1538146452

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This book enhances our understanding of how societies torn by violence can be rebuilt. Instabilities in those societies continue to be fuelled by political marginalization, economic-social inequality, violent crimes, and injustice. Historically, international response has been largely inadequate due to a failure of adaptation to local circumstances. This collection focuses on how peacebuilding programmes can be more effectively carried out to create a more functional society. In a nutshell, this volume sheds light on local practice and experiences that can be utilized to meet unique circumstances of countries that have suffered from a destructive conflict. The collection will investigate the transition to peace by highlighting the missing links between peacebuilding norms and practice, political economy, emotions, justice, and reconciliation.


Pathways for Peace

Pathways for Peace

Author: United Nations;World Bank

Publisher: World Bank Publications

Published: 2018-04-13

Total Pages: 415

ISBN-13: 1464811865

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Violent conflicts today are complex and increasingly protracted, involving more nonstate groups and regional and international actors. It is estimated that by 2030—the horizon set by the international community for achieving the Sustainable Development Goals—more than half of the world’s poor will be living in countries affected by high levels of violence. Information and communication technology, population movements, and climate change are also creating shared risks that must be managed at both national and international levels. Pathways for Peace is a joint United Nations†“World Bank Group study that originates from the conviction that the international community’s attention must urgently be refocused on prevention. A scaled-up system for preventive action would save between US$5 billion and US$70 billion per year, which could be reinvested in reducing poverty and improving the well-being of populations. The study aims to improve the way in which domestic development processes interact with security, diplomacy, mediation, and other efforts to prevent conflicts from becoming violent. It stresses the importance of grievances related to exclusion—from access to power, natural resources, security and justice, for example—that are at the root of many violent conflicts today. Based on a review of cases in which prevention has been successful, the study makes recommendations for countries facing emerging risks of violent conflict as well as for the international community. Development policies and programs must be a core part of preventive efforts; when risks are high or building up, inclusive solutions through dialogue, adapted macroeconomic policies, institutional reform, and redistributive policies are required. Inclusion is key, and preventive action needs to adopt a more people-centered approach that includes mainstreaming citizen engagement. Enhancing the participation of women and youth in decision making is fundamental to sustaining peace, as well as long-term policies to address the aspirations of women and young people.


Framing the State in Times of Transition

Framing the State in Times of Transition

Author: Laurel E. Miller

Publisher: US Institute of Peace Press

Published: 2010

Total Pages: 737

ISBN-13: 1601270550

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Analyzing nineteen cases, this title offers practical perspective on the implications of constitution-making procedure, and explores emerging international legal norms.


Rethinking Peace Mediation

Rethinking Peace Mediation

Author: Turner, Catherine

Publisher: Policy Press

Published: 2021-01-11

Total Pages: 400

ISBN-13: 1529208211

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Written by international practitioners and scholars, this pioneering work offers important insights into peace mediation practice today and the role of third parties in the resolution of armed conflicts. The authors reveal how peace mediation has developed into a complex arena and how multifaceted assistance has become an indispensable part of it. Offering unique reflections on the new frameworks set out by the UN, they look at the challenges and opportunities of third-party involvement. With its policy focus and real-world examples from across the globe, this is essential reading for researchers of peace and conflict studies, and a go-to reference point for advisors involved in peace processes.


International Law and Transition to Peace in Colombia

International Law and Transition to Peace in Colombia

Author: César Rojas-Orozco

Publisher: Theory and Practice of Public

Published: 2021

Total Pages: 195

ISBN-13: 9789004440524

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"In International Law and Transition to Peace in Colombia, César Rojas-Orozco analyses the role of international law in transition from armed conflict to peace, by using the analytical framework of jus post bellum and Colombia as a case study. While contemporary attention to jus post bellum has focused on its theoretical development and regarding international warfare, this book is the first work to comprehensively assess the concept in practice and in the context of a non-international armed conflict. Discussing the creative formulas adopted in Colombia to conciliate international legal requirements and the practical needs of peace, the book offers concrete elements to understand the concept of jus post bellum as a framework to guide other transitions around the world"--


State Formation After Civil War

State Formation After Civil War

Author: Derek M Powell

Publisher: Routledge

Published: 2016-08-05

Total Pages: 280

ISBN-13: 1317031474

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State formation after civil war offers a new model for studying the formation of the state in a national peace transition as an integrated national phenomenon. Current models of peacebuilding and state building limit that possibility, reproducing a fragmented, selective view of this complex reality. Placing too much emphasis on state building as design they place too little on understanding state formation as unplanned historical process. The dominant focus on national institutions also ignores the role that cities and civic polities have played in constituting the modern state. Mining ideas from many disciplines and evidence from 19 peace processes, including South Africa, the book argues that the starting point for building a systematic theory is to explain a distinct pattern to state formation that can be observed in practice: Despite their conflicts people in fragile societies bargain terms for peaceful coexistence, they make attempts to constitute the right to rule as valid state authority, in circumstances prone to conflict, over which they have imperfect influence, not control. Though the kind of institutions created will differ with context, how rules for state authority are institutionalized follows a consistent basic pattern. That pattern defines state formation in peace transitions as both a unified, if contingent, field of normative practice and an object of comparative study. Where the national-centric models see local government as a matter belonging to policy on decentralization for later in the reconstruction phase, the book uncovers a distinct "local government dimension" to peace transitions: A civic dimension to national conflicts that must be explained; incipient or proto-local authorities that emerge even during civil war, in peace making, after state collapse; the fact that it is common for peace agreements and constitutions to include rules for local authority, for local elections to be held as part of broader democratization, and for laws to be enacted to establish local government as part of peace compacts. The book develops the concept of local peace transition to explain the distinctive constitutive role of this local dimension in peace-making and state formation. This path-breaking book will be of compelling interest to practitioners, scholars and students of comparative constitutional studies, international law, peace building and state building.


Jus Post Bellum

Jus Post Bellum

Author: Carsten Stahn

Publisher:

Published: 2014-02

Total Pages: 610

ISBN-13: 0199685894

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Jus post bellum is the body of international legal norms and rules of international law that applies to a post-conflict situation as it moves to a status of peace. This book provides a detailed legal analysis of all aspects of jus post bellum, and uses case studies to show its relevance to the reality of situations on the ground.


Post-Liberal Peace Transitions

Post-Liberal Peace Transitions

Author: Oliver P. Richmond

Publisher: Edinburgh University Press

Published: 2016-01-18

Total Pages: 256

ISBN-13: 1474402186

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Why is it that states emerging from intervention, peacebuilding and statebuilding over the last 25 years appear to be 'failed by design'? This study explores the interplay of local peace agency with the (neo)liberal peacebuilding project. And it looks at how far can local 'peace formation' dynamics can go to counteract the forces of violence and play a role in rebuilding the state, consolidate peace processes and induce a more progressive form of politics. By looking at local agency related to peace formation, Oliver Richmond and Sandra Pogodda find answers to the pressing question of how large-scale peacebuilding or statebuilding may be significantly improved and made more representative of the lives, needs, rights, and ambitions of its subjects.


State Renaissance for Peace

State Renaissance for Peace

Author: Emmanuel H. D. De Groof

Publisher: Cambridge University Press

Published: 2020-08-27

Total Pages: 427

ISBN-13: 1108603777

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After 1989, the function of transitional governance changed. It became a process whereby transitional authorities introduce a constitutional transformation on the basis of interim laws. In spite of its domestic nature, it also became an international project and one with formidable ambitions: ending war, conflict or crisis by reconfiguring the state order. This model attracted international attention, from the UN Security Council and several regional organisations, and became a playing field of choice in international politics and diplomacy. Also without recourse to armed force, international actors could impact a state apparatus – through state renaissance. This book zooms in on the non-forcible aspects of conflict-related transitional governance while focusing on the transition itself. This study shows that neither transitional actors nor external actors must respect specific rules when realising or contributing to state renaissance. The legal limits to indirectly provoking regime change are also being unveiled.