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Illegal Peace in Africa : An Inquiry into the Legality of Power Sharing with Warlords, Rebels, and Junta - Jeremy I. Levitt

Illegal Peace in Africa

An Inquiry into the Legality of Power Sharing with Warlords, Rebels, and Junta

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Published: 30th January 2012
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African states have become testing grounds for Western conflict-resolution experiments, particularly power-sharing agreements, supposedly intended to end deadly conflict, secure peace and build democracy in divided societies. This volume examines the legal and political efficacy of transitional political power-sharing between democratically constituted governments and the African warlords, rebels, or junta that seek to violently unseat them. What role does law indicate for itself to play in informing, shaping and regulating peace agreements? This book addresses this question and others through the prism of three West African case studies: Liberia, Sierra Leone and Guinea-Bissau. It applies the neo-Kadeshean model of analysis and offers a framework for a 'Law on Power-sharing'. In a field dominated by political scientists, and drawing from ancient and contemporary international law, this book represents the first substantive legal critique of the law, practice and politics of power-sharing.

'Illegal Peace in Africa is a fascinating must-read for academics and practitioners struggling with the fundamental challenge of how to reconcile short-term peace, security and stability imperatives with longer-term democratic state-building goals.' Stef Vandeginste, Africa Spectrum

Acknowledgmentsp. ix
Introductionp. 1
The Neo-Kadeshean Modelp. 7
The Focus and Structure of This Volumep. 16
Legalizing Peacep. 24
The Utility of Law in Peacemakingp. 24
Legal Order versus Legal Realism in Africap. 29
Law versus Politics in Warp. 34
The Question of Power Sharingp. 38
Power Sharing and the Rule of Lawp. 38
Arguments for Power Sharingp. 43
Arguments against Power Sharingp. 46
Conclusionp. 50
The Conflicts in Liberia, Sierra Leone, and Guinea-Bissaup. 52
Why Liberia, Sierra Leone, and Guinea-Bissau?p. 52
Conflict and State Collapsep. 57
Intervention and Peacemakingp. 68
Conclusionp. 76
The Accra, Lomé, and Abuja Accordsp. 77
Cease-Firep. 79
Militaryp. 79
Human Rightsp. 81
Implementationp. 83
Power Sharingp. 85
Conclusionp. 96
The Domestic Legality of Power Sharingp. 97
State Authorityp. 99
Fundamental Rightsp. 103
Executive and Legislative Powersp. 108
Conclusionp. 120
The Regional Legality of Power Sharingp. 123
African Union Law and Practicep. 130
Economic Community of West African States Law and Practicep. 138
Conclusionp. 143
The International Legality of Power Sharingp. 145
United Nations Law and Practicep. 145
Other International Law and Practicep. 159
Conclusionp. 166
Postscript: Liberia, Sierra Leone, and Guinea-Bissaup. 168
Post-Accra: Peace and Instabilityp. 169
Post-Lomé: Conflict and Justicep. 181
Post-Abuja: Coups and Uprisingsp. 189
Conclusionp. 203
No Law, No Peacep. 207
The Necessity of Law in Power Sharingp. 207
Making Legal Peace: Law, Power Sharing, and International Institutionsp. 210
Toward a Law of Power Sharingp. 223
Conclusionp. 244
Bibliographyp. 251
Indexp. 289
Table of Contents provided by Ingram. All Rights Reserved.

ISBN: 9780521888684
ISBN-10: 0521888689
Audience: Tertiary; University or College
Format: Hardcover
Language: English
Number Of Pages: 314
Published: 30th January 2012
Publisher: Cambridge University Press
Dimensions (cm): 22.8 x 15.2  x 1.9
Weight (kg): 0.59