Lex pacificatoria
Concept in international relations
The lex pacificatoria is a Latin neologism, which translates as 'pacific law' or the 'law of the peacemakers'; it refers to the law relating to agreements or treaties ending a state of war or establishing a permanent peace between belligerents, as articulated by state and non-state peacemakers, such as peace negotiators. [1] As such, it is a set of normativizing practices, the ‘industry standards’ of peacemakers. In its relationship with traditional legal doctrines such as the jus ad bellum , it is both incorporated in, and shapes, interpretations of binding legal instruments, and it can also be determinative of, or influence, court judgments. [2] The term was popularized by the legal scholar Christine Bell in her 2008 book On the Law of Peace: Peace Agreements and the Lex Pacificatoria. [3] [4] Bell contrasts the notion with the Law of War , stressing that the art of post-war peace deserves as much consideration as the waging of war, and the notion is related to the jus post bellum , the concept of justice after war, with which it has been critiqued. [5]
See also
References
- ↑ Fellmeth, Aaron X.; Horwitz, Maurice (2009), "Lex pacificatoria" , Guide to Latin in International Law , Oxford University Press, doi : 10.1093/acref/9780195369380.001.0001 , ISBN 978-0-19-536938-0 , retrieved 2020-04-13
- ↑ Bell, Christine (2013). "Peace settlements and international law: from lex pacificatoria to jus post bellum" (PDF) . Research Handbook on International Conflict and Security Law : 499–546. doi : 10.4337/9781849808576.00020 . ISBN 9781849808576 .
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↑
Bell, Christine, 1967- (2008).
On the law of peace peace agreements and the lex pacificatoria
. Oxford University Press.
OCLC
1131990137
.
{{ cite book }}
: CS1 maint: multiple names: authors list ( link ) - ↑ O'Donoghue, Aoife (2009). "On the Law of Peace: Peace Agreements and the Lex Pacificatoria". International Criminal Law Review . 9 (5): 867–871. doi : 10.1163/156753609x12507729201552 . ISSN 1567-536X .
- ↑ Cryer, R. (2012). "Law and the jus post Bellum: Counseling caution". In May, Larry; Forcehimes, Andrew (eds.). Morality, jus post bellum, and international law . Cambridge University Press. pp. 223–249. ISBN 978-1-107-02402-1 . OCLC 793947148 .