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The Limitations of International Law Expertise – War Amongst Peacemakers: The Juba Peace Process as Battleground for International Lawyer's Biases
Stockholm University, Faculty of Law, Department of Law.ORCID iD: 0000-0003-0241-3311
2013 (English)In: Europen Society of International Law: Conference Paper Series / [ed] Nico Krisch, Mario Prost, Anne van Aaken, 2013, Vol. 3Conference paper, Published paper (Other academic)
Abstract [en]

This paper reflects on the limitations of international law expertise, using examples from the Juba peace process on the civil war in Uganda. In peace negotiations (like in all situations), the international law expert must acknowledge the limitations of international law. International law is one-dimensional, and cannot take all relevant factors into account. Further, in any given situation, there will be some regimes and some rules of international law that are more effective than others, because they have powerful support or efficient mechanisms. This means that some norms, some claims and the interests of some stakeholders will be privileged. Many of the controversies associated with international interventions based on international law – like the ICC prosecutions in Uganda – have in fact been caused by too much emphasis on, for instance, international criminal justice and civil rights, and too little emphasis on reparations, economic and social rights and collective rights. Still, even if international law could be better used, there are limits to what can be accomplished even with creative international law expertise. There is a structural bias in international law, which privileges the state. International law, and its institutions, can do too little to refer matters from the government to other legitimate stakeholders, often leaving us with a choice between the (distant) supranational level and the (corrupt) national level. While international law does determine an international minimum standard for the state, it is still much better at empowering the government than at empowering people.

Place, publisher, year, edition, pages
2013. Vol. 3
Series
ESIL Conference Paper Series, 6/2013
Keyword [en]
ICC, Juba, Uganda, international law, legal expertise
National Category
Law
Research subject
Public International Law
Identifiers
URN: urn:nbn:se:su:diva-98002DOI: 10.2139/ssrn.2364070OAI: oai:DiVA.org:su-98002DiVA: diva2:682091
Conference
ESIL 2013, 5th Research Forum: International Law as a Profession Conference, Amsterdam, The Netherlands, 22 - 24 May 2013
Available from: 2013-12-23 Created: 2013-12-23 Last updated: 2017-10-06Bibliographically approved

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CiteExportLink to record
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