Peacemaking, Power-sharing and International Law

Martin Wählisch works for the United Nations on peace processes, national dialogues and conflict prevention, and is an Affiliated Lecturer at the Center for Peace Mediation and the Institute for Conflict Management at the European University Viadrina. He holds a PhD in International Law and an MA in Mediation.

• 1. IntroductionI. State Transitions, Power-Sharing and International Law II. Closing the Gap III. Methodology and Scope 2. Power-Sharing in Theory and Practice: Concepts, Mechanisms and Legal Challenges I. Ethnic and Religious Diversity as a Challenge for International Law II. Democracy Theory and the Perspective of Conflict ResolutionIII. Mechanisms IV. The Legal Debate V. Conclusion: The Necessity and Challenges of Bridging Interdisciplinary Perspectives 3. Power-Sharing on Trial: Sejdic and Finci v Bosnia and Herzegovina I. Bosnia and Herzegovina between Transition and TransformationII. Relevant Decisions of Bosnia and Herzegovina’s Constitutional Court (1997–2009) III. ECtHR Definition of Ethnic-Racial Discrimination in Sejdic and Finci IV. Justifying Human Rights Restrictions V. Post-trial Developments and Constitutional Reform Process VI. Conclusion 4. Through the Lens of Human Rights Committees: Lebanese Political Confessionalism and Transitional Mechanism I. State Stability, Sectarian Traditions and Socio-Political Change II. Reports Submitted by Lebanon to the Committee on the Elimination of Racial Discrimination III. Debate in the Committee on the Elimination of Racial Discrimination IV. Analysis: Confessionalism and Non-Discrimination V. Transitional Power-Sharing, Unity Governments, Proportions of High-Level Posts and the Right to Participation VI. Proportionality and Time Limitations VII. Conclusion 5. On the Law of Peace: Parameters, Challenges and Limits I. The Quest for Absolute Limitations in Peacemaking II. Peremptory Norms and Peacemaking III. A Conceptual Model for Reflections about the Law of Peace Debate IV. Open Questions and Future Research Agenda V. Concluding Remarks

Lasting peace requires the respect for universal human rights. This book offers unique insights into how to find the balance between practical political solutions and the respect for international law. It is a rich resource for peacemakers and conflict parties, and an indispensable read on the phenomenon of the “imperfect peace”.