8 - Interactions between Peace Agreements and International Law

Summary

This chapter attempts to assess whether and to what extent international law can be seen as governing intra-state peace agreements; and, by turning to the practice of negotiating such agreements, whether international legal obligations, such as with respect to the inclusion of civil society actors, have emerged or are currently emerging. Demonstrating that there exist complex relationships between the practice reflected in peace agreements and international law, the chapter argues that when trying to understand these relationships, much depends on our theoretical stance vis-à-vis international law. Relying on an interactional and pluralistic conception of law, this chapter emphasises the relevance of process-related obligations and the continuous creation and adjustment of legal norms. Finally, the chapter considers the reasons why it might be desirable to ground the practice of peace agreements in international law and to allow this practice to contribute to the development of international law.