The ungovernance of peace: transitional processes in contemporary conflictscapes

Q2 Social Sciences

Transnational Legal Theory Pub Date : 2020-07-02 DOI:10.1080/20414005.2020.1822071

J. Pospíšil

引用次数: 3

Abstract

ABSTRACT Resolving armed conflict by forging an inclusive political settlement is the contemporary paradigm of international peacebuilding. War-to-peace transitions are envisioned as a sequenced process, cumulating in a signed comprehensive peace agreement as the central cornerstone on the pathway to normal politics. However, the reality of peace processes appears ungoverned. While peace negotiations may succeed in formalising political unsettlement at play and to tame violence, they regularly fail in resolving the radical disagreement at the heart of the conflict. Liberal peace governance, resting on the pillars of settlement, resolution, and relation, is unlikely to deliver its promised outcomes. The irresolvable discrepancy between the promise of liberal peace and its inability to deliver is the background against which peace ungovernance emerges. It operates under the premise of non-closure in enduring transitions, where time, space, and relationality are not subject to an agreed common understanding, but elements of strategy and politics.

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和平的失控：当代冲突中的过渡进程

摘要：通过建立包容性的政治解决方案来解决武装冲突是当代国际建设和平的典范。从战争到和平的过渡被设想为一个有序的过程，在签署的全面和平协议中积累起来，成为通往正常政治道路的核心基石。然而，和平进程的现实似乎无人管理。虽然和平谈判可能成功地使正在发生的政治动荡正式化并平息暴力，但它们往往无法解决冲突核心的根本分歧。建立在解决、解决和关系支柱之上的自由和平治理不太可能实现其承诺的结果。自由和平的承诺与其无法实现之间无法解决的差异是和平失控的背景。它在持久过渡中的非封闭性前提下运作，在这种过渡中，时间、空间和关系不受商定的共识的约束，而是受战略和政治因素的约束。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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来源期刊

Transnational Legal Theory Social Sciences-Law

CiteScore

2.10

自引率

0.00%

发文量

期刊介绍： The objective of Transnational Legal Theory is to publish high-quality theoretical scholarship that addresses transnational dimensions of law and legal dimensions of transnational fields and activity. Central to Transnational Legal Theory''s mandate is publication of work that explores whether and how transnational contexts, forces and ideations affect debates within existing traditions or schools of legal thought. Similarly, the journal aspires to encourage scholars debating general theories about law to consider the relevance of transnational contexts and dimensions for their work. With respect to particular jurisprudence, the journal welcomes not only submissions that involve theoretical explorations of fields commonly constructed as transnational in nature (such as commercial law, maritime law, or cyberlaw) but also explorations of transnational aspects of fields less commonly understood in this way (for example, criminal law, family law, company law, tort law, evidence law, and so on). Submissions of work exploring process-oriented approaches to law as transnational (from transjurisdictional litigation to delocalized arbitration to multi-level governance) are also encouraged. Equally central to Transnational Legal Theory''s mandate is theoretical work that explores fresh (or revived) understandings of international law and comparative law ''beyond the state'' (and the interstate). The journal has a special interest in submissions that explore the interfaces, intersections, and mutual embeddedness of public international law, private international law, and comparative law, notably in terms of whether such inter-relationships are reshaping these sub-disciplines in directions that are, in important respects, transnational in nature.