Theory and Practice of Public International Law – serie

In International Law and Transition to Peace in Colombia, César Rojas-Orozco analyses the role of international law in transition from armed conflict to peace, by using the analytical framework of jus post bellum and Colombia as a case study.While contemporary attention to jus post bellum has focused on its theoretical development and regarding international warfare, this book is the first work to comprehensively assess the concept in practice and in the context of a non-international armed conflict. Discussing the creative formulas adopted in Colombia to conciliate international legal requirements and the practical needs of peace, the book offers concrete elements to understand the concept of jus post bellum as a framework to guide other transitions around the world.

This is the first comprehensive and systematic monograph on withdrawal from multilateral treaties, which explains the evolution of the concept of withdrawal and examines its increasing use over time. International scholars and policy makers have long addressed treaty making and treaty maintenance in light of the binary choice between compliance and breach, while leaving unregulated or at least under-regulated the actual act of withdrawal. In the age of global retrenchment, is there still room for international law to regulate the rules of the game, or will unilateral decisions overturn the current architecture of a multilateral global order?

The open access publication of this book has been published with the support of the Swiss National Science Foundation.International law is increasing in relevance to the topic of secession. This book demonstrates that if a secessionist entity’s effectiveness is achieved in violation of peremptory norms, the emergence of statehood is precluded, thereby challenging a classical view of secession as purely factual and meta-legal. Dr. Júlia Miklasová coins the term “illegal secessionist entity,” demonstrates the pervasive effects of the original illegality on the subsequent relations of such entities (purported diplomatic, treaty, economic relations, acts and laws) and outlines the overlapping regimes of the law of occupation, human rights law and duty of non-recognition. Post-Soviet secessionist entities result from an illegal use of force. They are thus prohibited from becoming States, and further consequences of their illegality apply.