{"title":"和平法,战后法,还是“良好实践”?","authors":"D. P. Stewart","doi":"10.1017/ajil.2022.78","DOIUrl":null,"url":null,"abstract":"At the international level, getting into an armed conflict is clearly easier than getting out of one. Resolving the underlying issues that led to the conflict in the first place—and that have likely been exacerbated during the fighting— almost always proves profoundly difficult. While those issues are unlikely to be primarily “legal” in nature, international law and international lawyers should and do play important roles both in crafting interim arrangements to bring the fighting to an end and in establishing the conditions for a sustainable peace between the contesting parties. Against the backdrop of the continuing conflict in Ukraine (among other crises), it is worth asking what law, if any, applies to such efforts, whether there are any clear legal requirements or parameters for such agreements, and what the lawyers involved in the negotiations need to focus on. These are not new questions, of course, and since each conflict has its own unique origins, contours, and context, it is unrealistic to expect simple (much less uniform) answers. The two volumes under review address the issues from differing perspectives and offer practical insights into how international lawyers can play positive roles in constructing a durable post-conflict peace. In so doing they also illuminate doctrinal debates over recent developments in the evolution of international law.","PeriodicalId":47841,"journal":{"name":"American Journal of International Law","volume":"117 1","pages":"189 - 198"},"PeriodicalIF":2.7000,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Lex Pacificatoria, Jus Post Bellum, or Just “Good Practice”?\",\"authors\":\"D. P. Stewart\",\"doi\":\"10.1017/ajil.2022.78\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"At the international level, getting into an armed conflict is clearly easier than getting out of one. Resolving the underlying issues that led to the conflict in the first place—and that have likely been exacerbated during the fighting— almost always proves profoundly difficult. While those issues are unlikely to be primarily “legal” in nature, international law and international lawyers should and do play important roles both in crafting interim arrangements to bring the fighting to an end and in establishing the conditions for a sustainable peace between the contesting parties. Against the backdrop of the continuing conflict in Ukraine (among other crises), it is worth asking what law, if any, applies to such efforts, whether there are any clear legal requirements or parameters for such agreements, and what the lawyers involved in the negotiations need to focus on. These are not new questions, of course, and since each conflict has its own unique origins, contours, and context, it is unrealistic to expect simple (much less uniform) answers. The two volumes under review address the issues from differing perspectives and offer practical insights into how international lawyers can play positive roles in constructing a durable post-conflict peace. In so doing they also illuminate doctrinal debates over recent developments in the evolution of international law.\",\"PeriodicalId\":47841,\"journal\":{\"name\":\"American Journal of International Law\",\"volume\":\"117 1\",\"pages\":\"189 - 198\"},\"PeriodicalIF\":2.7000,\"publicationDate\":\"2023-01-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"American Journal of International Law\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://doi.org/10.1017/ajil.2022.78\",\"RegionNum\":2,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q1\",\"JCRName\":\"INTERNATIONAL RELATIONS\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"American Journal of International Law","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1017/ajil.2022.78","RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"INTERNATIONAL RELATIONS","Score":null,"Total":0}
Lex Pacificatoria, Jus Post Bellum, or Just “Good Practice”?
At the international level, getting into an armed conflict is clearly easier than getting out of one. Resolving the underlying issues that led to the conflict in the first place—and that have likely been exacerbated during the fighting— almost always proves profoundly difficult. While those issues are unlikely to be primarily “legal” in nature, international law and international lawyers should and do play important roles both in crafting interim arrangements to bring the fighting to an end and in establishing the conditions for a sustainable peace between the contesting parties. Against the backdrop of the continuing conflict in Ukraine (among other crises), it is worth asking what law, if any, applies to such efforts, whether there are any clear legal requirements or parameters for such agreements, and what the lawyers involved in the negotiations need to focus on. These are not new questions, of course, and since each conflict has its own unique origins, contours, and context, it is unrealistic to expect simple (much less uniform) answers. The two volumes under review address the issues from differing perspectives and offer practical insights into how international lawyers can play positive roles in constructing a durable post-conflict peace. In so doing they also illuminate doctrinal debates over recent developments in the evolution of international law.
期刊介绍:
AJIL is a leading peer-reviewed journal, published quarterly since 1907. It features articles, essays, editorial comments, current developments, and book reviews by pre-eminent scholars and practitioners from around the world addressing developments in public and private international law and foreign relations law. The Journal also contains analyses of decisions by national and international courts and tribunals as well as a section on contemporary U.S. practice in international law. AJIL and AJIL Unbound are indispensable for all professionals working in international law, economics, trade, and foreign affairs.