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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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The New Law of Third Party Enforcement

The New Law of Third Party Enforcement

Chapter:
(p.259) 13 The New Law of Third Party Enforcement
Source:
On the Law of Peace
Author(s):

Christine Bell

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199226832.003.0014

The third area of the peace agreement practice that international law can claim to regulate is their role for third parties. Third party roles in implementing peace agreements straddle different functions: enforcing the deal, mediating its development, and administering the transitional regime. This chapter argues that third party peace agreement implementation faces a lack of fit with traditional notions of when and how international law authorises third party involvement in intrastate conflict, and when and how it provides for third party accountability vis-à-vis local populations. As with previous chapters and the other branches of the ‘new law’, this lack of fit has driven innovation that is reshaping the governing international law. This is a story of norm-production as lack fit forces a renarration of how the law must be reinterpreted so as to apply post agreement.

Keywords:   third party enforcement, peacekeeping, peacebuilding, interim administration, accountability of third parties, authorization of third parties

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