Jump to ContentJump to Main Navigation
On the Law of PeacePeace Agreements and the Lex Pacificatoria$
Users without a subscription are not able to see the full content.

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

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 27 May 2020

Peace Agreement Third Party Enforcement

Peace Agreement Third Party Enforcement

(p.175) 9 Peace Agreement Third Party Enforcement
On the Law of Peace

Christine Bell

Oxford University Press

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

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .