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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 Legal Form

Peace Agreement Legal Form

Chapter:
(p.144) 7 Peace Agreement Legal Form
Source:
On the Law of Peace
Author(s):

Christine Bell

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199226832.003.0008

This chapter examines choices over what legal form to frame a peace agreement in and the ways in which framers attempt to circumvent the limitations of positive law categories. In particular, the discussion demonstrates how the mismatch between the positive law requirements of form and peace agreement obligations has promoted innovation in legal form. It is argued that even when peace agreements are fashioned in clear legal form, their distinctiveness from other documents in the relevant legal category gives them more similarities to each other than to the agreements whose legal category they share. While peace agreements are sometimes framed as treaties or international agreements, sometimes as constitutions, and sometimes as domestic legislation they have common features deriving from their mix of state and nonstate parties which give them distinctive features from other documents in the category, and point towards peace agreements being a distinct category of document.

Keywords:   legal classification, positive law, treaty form, constitutional form, domestic legislation, UN Security Council Resolution

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