Christine Bell, FBA, FRSE, is a legal scholar, specialising in human rights law. As of 2018, she is Professor of Constitutional Law and Assistant Principal (Global Justice) at the University of Edinburgh.
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👉 Christine Bell in the context of Peace treaty
A peace treaty is an agreement between two or more hostile parties, usually countries or governments, which formally ends a state of war between the parties. It is different from an armistice, which is an agreement to stop hostilities; a surrender, in which an army agrees to give up arms; or a ceasefire or truce, in which the parties may agree to temporarily or permanently stop fighting.
The need for a peace treaty in modern diplomacy arises from the fact that even when a war is actually over and fighting has ceased, the legal state of war is not automatically terminated upon the end of actual fighting and the belligerent parties are still legally defined as enemies. This is evident from the definition of a "state of war" as "a legal state created and ended by official declaration regardless of actual armed hostilities and usually characterized by operation of the rules of war". As a result, even when hostilities are over, a peace treaty is required for the former belligerents in order to reach an, agreement on all issues involved in transition to a legal state of peace. The art of negotiating a peace treaty in the modern era has been referred to by legal scholar Christine Bell as the lex pacificatoria, with a peace treaty potentially contributing to the legal framework governing the post conflict period, or jus post bellum.
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Christine Bell in the context of Lex pacificatoria
The lex pacificatoria is a Latin neologism, which translates as 'pacific law' or the 'law of the peacemakers'; it refers to the law relating to agreements or treaties ending a state of war or establishing a permanent peace between belligerents, as articulated by state and non-state peacemakers, such as peace negotiators. As such, it is a set of normativizing practices, the ‘industry standards’ of peacemakers. In its relationship with traditional legal doctrines such as the jus ad bellum, it is both incorporated in, and shapes, interpretations of binding legal instruments, and it can also be determinative of, or influence, court judgments. The term was popularized by the legal scholar Christine Bell in her 2008 book On the Law of Peace: Peace Agreements and the Lex Pacificatoria. Bell contrasts the notion with the Law of War, stressing that the art of post-war peace deserves as much consideration as the waging of war, and the notion is related to the jus post bellum, the concept of justice after war, with which it has been critiqued.
Christine Bell in the context of Peace negotiation
A peace treaty is an agreement between two or more hostile parties, usually countries or governments, which formally ends a state of war between the parties. It is different from an armistice, which is an agreement to stop hostilities; a surrender, in which an army agrees to give up arms; or a ceasefire or truce, in which the parties may agree to temporarily or permanently stop fighting.
The need for a peace treaty in diplomacy arises from the fact that even when a war is actually over and fighting has ceased, the legal and political state of war is not automatically terminated upon the end of actual fighting and the belligerent parties are still legally defined as enemies. This is evident from the definition of a "state of war" as "a legal state created and ended by official declaration regardless of actual armed hostilities and usually characterized by operation of the rules of war". As a result, even when hostilities are over, a peace treaty is required for the former belligerents in order to reach an, agreement on all issues involved in transition to a legal state of peace. The skill of negotiating a peace treaty in the modern era has been referred to by legal scholar Christine Bell as the lex pacificatoria, with a peace treaty potentially contributing to the legal framework governing the post conflict period, or jus post bellum.