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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 Obligations

Peace Agreement Obligations

Chapter:
(p.162) 8 Peace Agreement Obligations
Source:
On the Law of Peace
Author(s):

Christine Bell

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199226832.003.0009

This chapter examines whether and how peace agreement language aims to induce compliance through the way in which provisions are framed. This examination confirms the importance of precision to certain types of peace agreement obligation, but demonstrates how peace agreements rely equally on constructive ambiguity. Here too lies an alternative challenge for drafting of peace agreement obligations. Rather than a challenge of attempting to maximise precision over ambiguity, this challenge lies in the difficulty of crafting obligations that will serve both short term ceasefire commitments and longer term conflict transformation goals, and assists a transition between the two. Thus, precision has drawbacks in limiting the peace agreement's development in the long-term, while constructive ambiguity can be used to begin to build shared constitutional frameworks in divided societies.

Keywords:   precision, constructive ambiguity, legal form, compliance

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