from Part II - Peace Agreements As Legal Instruments
Published online by Cambridge University Press: 14 January 2021
This chapter addresses the challenges arising from the often unclear legal status of intra-state peace agreements in establishing their binding force, applicable law and relevant principles of interpretation, and considers how drafting techniques affect the implementation of such agreements. First, it maps out the means available to participants in a peace process to confer binding status on (the substance of) an agreement under either domestic or international law, including UN Security Council endorsement, domestic entrenchment or constitutional reform. Second, the chapter examines how (predominantly international) courts and tribunals have grappled with the task of determining the law applicable to peace agreements, as well as examining trends in the principles of interpretation applied by adjudicatory bodies. Finally, it turns to the effects of drafting techniques on the implementation of agreements from the perspectives of the constitutive and instrumental approaches, including weighing the merits of constructive ambiguity.
To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
Find out more about the Kindle Personal Document Service.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.