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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 Difficulties of Legal Classification

The Difficulties of Legal Classification

Chapter:
(p.127) 6 The Difficulties of Legal Classification
Source:
On the Law of Peace
Author(s):

Christine Bell

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199226832.003.0007

This chapter deals further with the technical difficulties of legal classification, and begins to demonstrate how a simple choice between a law and a nonlaw form of agreement does not exist in the peace agreement context. Rather, opting for legal form for peace agreements in intrastate conflict involves sacrificing a correlation between the parties to the written agreement and the parties to the underlying ‘agreement’. The chapter analyses whether the difficulty of finding a legal form for peace agreements matters to their implementation, or is a purely academic matter.

Keywords:   international agreements, treaties, Vienna Convention on the Law of Treaties, compliance with international law, armed opposition groups, nonstate actors, indigenous peoples, minorities

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