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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 Hybrid Self-determination

The New Law of Hybrid Self-determination

Chapter:
(p.218) 11 The New Law of Hybrid Self-determination
Source:
On the Law of Peace
Author(s):

Christine Bell

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199226832.003.0012

This chapter explores how peace agreement content is regulated by international law. It begins by examining self-determination law as relevant to the constitutional and territorial arrangements of peace agreements. The chapter argues that the combination of conflict settlement and normative framework has produced a new practice which is taking on the form of a ‘new law’ of self-determination. This new law stands, not as established law, but as a normative expectation with regard to how self-determination disputes will be resolved, whose normative ‘creep’ can be seen in state practice and the reasoning of international tribunals.

Keywords:   self-determination law, hybrid self-determination, dislocation of power, disaggregation of power, state redefinition, Nomos, Kosovo, Israel, Palestine

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