Jus Post Bellum as Definition and Practice

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Abstract

This chapter traces the materialization of the rule of law in post-conflict Kosovo to argue that jus post bellum involves contestation and enactment. It suggests that just peace requires negotiations over what is ‘just’ in any specific context and advocates a more general argument for a sociologically informed approach to international law. This includes due attention to the effects of indeterminacy. Drawing on field research on UNMIK and EULEX in Kosovo, the chapter takes a practice- and process-oriented approach in tracing how international policy concerns entered international legal and policy documents, institutions, and practices. It concludes that just peace, and legal form more generally, are political and never objective.
Original languageEnglish
Title of host publicationJus Post Bellum and the Justice of Peace
EditorsCarsten Stahn, Jens Iverson
Number of pages15
Place of PublicationOxford
PublisherOxford University Press
Publication date2020
Pages269-283
Chapter15
ISBN (Electronic) 9780198823285
Publication statusPublished - 2020

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