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On the Law of PeacePeace Agreements and the Lex Pacificatoria$
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Christine Bell

Print publication date: 2008

Print ISBN-13: 9780199226832

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199226832.001.0001

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Peace Agreement Third Party Enforcement

Peace Agreement Third Party Enforcement

Chapter:
(p.175) 9 Peace Agreement Third Party Enforcement
Source:
On the Law of Peace
Author(s):

Christine Bell

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199226832.003.0010

Delegation of powers of interpretation and enforcement to third parties constitutes the third dimension of legalisation of agreements. The argument is that the more third parties are given powers to interpret and ‘enforce’ agreements, the more these agreements are legalised. Independent third parties with clear decision-making authority and enforcement powers (such as courts) are understood to promote compliance. This chapter argues that while peace agreements use of third parties in the same ways as other agreements, they cannot be fully understood in terms of conventional assumptions about when and how third party enforcement operates most effectively. Rather, peace agreements use ‘hybrid legal pluralism’ — that is multiple institutions which straddle the law/politics divide and contain both international and domestic actors — to enable a broad range of diverse international participation in peace agreements. Thus, they acknowledge the ‘third party’ as simultaneously guarantor, mediator, administrator, ‘actual’ party, and norm promoter, and enable third party actors to shift the emphasis between these different functions as circumstances and legitimacy require.

Keywords:   third parties, administration, guarantee, norm promotion, legal pluralism, hybrid legal pluralism, enforcement of agreements

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