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This book deals with the history and future of the concept of ‘world peace through law’ (WPTL), which advocates replacing the use of international force with the global rule of law. WPTL calls for replacing war with the global rule of law by arms reductions, including the abolition of nuclear weapons, global alternative dispute resolution mechanisms, and various enforcement mechanisms. This book sets forth a three-part proposal: 1) arms reductions – primarily the abolition of nuclear weapons, with necessarily concomitant reductions in conventional forces; 2) a four-stage system of global alternative dispute resolution (ADR), utilizing both law and equity; 3) adequate enforcement mechanisms, including a UN Peace Force. The core of this proposal is alternative dispute resolution mechanisms—international ADR. International ADR would consist of a four-stage process of compulsory negotiation, compulsory mediation, compulsory arbitration., and compulsory adjudication by the World Court. The fundamental proposition of this book is that the use of alternatives to war, global ADR, is the ultimate solution to the problem of peace. The full implementation of WPTL will entail a vast array of progressive initiatives on many fronts, including abolition of nuclear weapons, with the global rule of law being the capstone to all of these developments. This book will be of great interest to students of peace studies, arms control, international law, and world politics.
For as long as there has been war, there have been demands for its elimination. The quest for world peace has excited and eluded political leaders, philosophers, religious elders, activists, and artists for millennia. With war on the rise once again, we rarely reflect on what world peace might look like; much less on how it might be achieved. World Peace aims to change all that and show that world peace is possible. Because the motives, rationales, and impulses that give rise to war - the quest for survival, enrichment, solidarity, and glory - are now better satisfied through peaceful means, war is an increasingly anachronistic practice, more likely to impoverish and harm us humans than satisfy and protect us. This book shows that we already have many of the institutions and practices needed to make peace possible and sets out an agenda for building world peace. In the immediate term, it shows how steps to strengthen compliance with international law, improve collective action such as international peacekeeping and peacebuilding, better regulate the flow of arms, and hold individuals legally accountable for acts of aggression or atrocity crimes can make our world more peaceful. It also shows how in the long term, building strong and legitimate states that protect the rights and secure the livelihoods of their people, gender equal societies, and protecting the right of individuals to opt-out of wars has the potential to establish and sustain world peace. But it will only happen, if individuals organize to make it happen.
In the formation of the modern law of nations, peace treaties played a pivotal role. Many basic principles and rules that governed and still govern relations between states were introduced and elaborated in the great peace treaties from the Renaissance onwards. Nevertheless, until recently few scholars have studied these primary sources of the law of nations from a juridical perspective. In this edited collection, specialists from all over Europe, including legal and diplomatic historians, international lawyers and an International Relations theorist, analyse peace treaty practice from the late fifteenth century to the Peace of Versailles of 1919. Important emphasis is given to the doctrinal debate about peace treaties and the influence of older, Roman and medieval concepts on modern practices. This book goes back further in time beyond the epochal Peace of Treaties of Westphalia of 1648 and this broader perspective allows for a reassessment of the role of the sovereign state in the modern international legal order.
Necessity and proportionality hold a firm place in the international law governing the use of force by states, as well as in the law of armed conflict. However, the precise contours of these two requirements are uncertain and controversial. The aim of Necessity and Proportionality in International Peace and Security Law is to explore how necessity and proportionality manifest themselves in the modern world under the law governing the use of force and the law of armed conflict, and how they relate to each other. The book explores the ways in which necessity and proportionality are applied in practice and addresses pressing legal issues in the law on the use of force, including the controversial "unwilling and unable" test for the use of force in self-defense, drones and targeted killing, the application of this legal regime during civil war, and the need for further transparency in states' justification for the use of force in self-defense. The analysis of the role of military necessity within the law of armed conflict on the modern battlefield focuses on the history and nature of the principle of military necessity, the proper application of the principle of proportionality, how commanders should account for mental harm in calculating proportionality, and the role artificial intelligence and autonomous weapons systems may play in proportionality analysis. The book concludes with a discussion of the potential role of proportionality in the law governing post-conflict contexts.
Sex and World Peace is a groundbreaking demonstration that the security of women is a vital factor in the occurrence of conflict and war, unsettling a wide range of assumptions in political and security discourse. Harnessing an immense amount of data, it relates microlevel violence against women and macrolevel state peacefulness across global settings. The authors find that the treatment of women informs human interaction at all levels of society. They call attention to the adverse effects on state security of sex-based inequities such as sex ratios favoring males, the practice of polygamy, and lax enforcement of national laws protecting women. Their research challenges conventional definitions of security and democracy and common understandings of the causes of world events. The book considers a range of ways to remedy these injustices, including top-down and bottom-up approaches to redressing violence against women and the lack of sex parity in decision-making. Advocating a state responsibility to protect women, the authors campaign against women’s systemic insecurity, which threatens the security of all. Sex and World Peace has been a go-to book for instructors, advocates, and policy makers since its publication in 2012. Since then, there have been major changes in world affairs, including the #MeToo movement, as well as advances in both theoretical and empirical literature surrounding the subject. This second edition, which adds coauthors Rose McDermott and Donna Lee Bowen alongside Valerie M. Hudson and Mary Caprioli, revises and updates the book for a new generation. The book retains its foundational overview of the relationship between women’s oppression and war, enhanced by fresh data and new material covering recent developments for global women’s rights and analysis of additional examples of gender and conflict throughout the world.
Peace is an elusive concept, especially within the field of international law, varying according to historical era and between contextual applications within different cultures, institutions, societies, and academic traditions. This Research Handbook responds to the gap created by the neglect of peace in international law scholarship. Explaining the normative evolution of peace from the principles of peaceful co-existence to the UN declaration on the right to peace, this Research Handbook calls for the fortification of international institutions to facilitate the pursuit of sustainable peace as a public good.
How do parties to peace negotiations actually build durable peace and what conundrums must they solve to achieve durable peace?