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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Peace with Justice?

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ISBN13: 9780742518551
ISBN: 0742518558
Published: July 2004
Publisher: Rowman & Littlefield
Format: Hardback
Price: Out of print

Resolving the Yugoslav conflict was the last great foreign policy challenge of the 20th century. In this work, two former State Department lawyers, Paul Williams and Michael Scharf, undertake to tell the ""warts and all"" story of the role of justice in building peace in the former Yugoslavia. During the conflict, Serb leader Slobodan Milosevic was transformed from a key partner in peace to an indicted war criminal. But the road from accommodation to accountability in the Balkans was anything but smooth. Based on their personal experience, research and interviews with key players in the Yugoslav peace-building process, Williams and Scharf provide an account of how and why justice was misapplied and mishandled throughout the peace-builders' efforts to settle the Yugoslav conflict. All too often human rights and peace advocates treat justice as a panacea for conflict and atrocities, while self-proclaimed realists and professional diplomats dismiss justice as an impediment to peace.;Williams and Scharf demonstrate that the truth lies in between. This study offers a framework for understanding the utility of justice as well as its practical limits as a diplomatic tool so that it can be more effectively applied in resolving future conflicts around the globe.

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PART I: Structuring an Inquiry into the Role of Justice During the Peace Building Process -; The Cognitive Contextual Process: Melding International Relations and International Legal Theory -; Justice and Anti-Justice: The Functions of Accountability in the Peace Building Process -; Peace vs. Justice: The Relationship between Accountability and Other Relevant Peace Building Approaches -
PART II: Precursors to Justice: Self-Identity, Political Will, and Moral Obligation in the Peace Building Process -; The Road to War: War Crimes and the Crime of War in Yugoslavia -; The International Response: Self-Interest Wrongly Understood -
PART III: Creating and Employing Justice Based Institutions During the Initial Phases of the Peace Building Process -; Establishing the Yugoslav War Crimes Commission and Yugoslav Tribunal: A Judicial Placebo? -; The Operation of the Yugoslav Tribunal: A Record of Self-Imposed Limits -; The International Court of Justice: A Blunt Tool for Peace Building -
PART IV: The Role of Justice in the Negotiation Phase of Peace Building -; The Dayton Negotiations: Getting to Yes with War Criminals -; Seeking Peace in Kosovo: The Relegation of Justice -; The Rambouillet/Pairs Negotiations: From Coercive Appeasement to Humanitarian Intervention -
PART V: The Role of Justice in the Implementation Phase of Peace Building; Apprehending War Criminals: Mission Creep or Mission Impossible? -; Linking Justice and Economic Inducements: A Road to Peace -; The Cohabitation of Justice and Peace: Concluding Observations -.