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The Construction of the Customary Law of Peace

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The Construction of the Customary Law of Peace

Latin America and the Inter-American Court of Human Rights

9781800371866 Edward Elgar Publishing
Cecilia M. Bailliet, Professor, Department of Public and International Law, University of Oslo, Norway
Publication Date: June 2021 ISBN: 978 1 80037 186 6 Extent: c 240 pp
This thought-provoking book explores the emerging construction of a customary law of peace in Latin America and the developing jurisprudence of the Inter-American Court of Human Rights. It traces the evolution of peace as both an end and a means: from a negative form, i.e. the absence of violence, to a positive form that encompasses equality, non-discrimination and social justice, including gendered perspectives on peace.

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This thought-provoking book explores the emerging construction of a customary law of peace in Latin America and the developing jurisprudence of the Inter-American Court of Human Rights. It traces the evolution of peace as both an end and a means: from a negative form, i.e. the absence of violence, to a positive form that encompasses equality, non-discrimination and social justice, including gendered perspectives on peace.

Cecilia M. Bailliet offers an overview of the normative and institutional development of peace in Latin America, before examining the heterogeneous iterations of peace within Latin American constitutions and the pluralistic views of current and former judges in the Inter-American Court of Human Rights. The book argues that these national variants should be in accordance with the American Convention on Human Rights and related instruments as a minimum framework, and should be interpreted in pursuit of the pro homine principle, in which the most favourable law is applied to benefit individuals regardless of its origin or status. It also presents an overview of the historic protest marches of 2019 and the phenomenon of oppressive peace tactics by the State.

This book will be critical reading for scholars and students of peace studies, human rights, Latin American studies, gender studies, constitutional and international public law, and legal history. It will also be of interest for policy makers and peace practitioners both in Latin America and beyond.
Contents
Contents: 1. Introduction to the construction of the customary law of peace 2. The evolution of the Inter-American law of peace: treaties and custom 3. Constitutional approaches to peace within Latin America 4. Towards constitutional positive peace 5. The contribution of the Inter-American Court of Human Rights to positive peace – perspectives from the judges 6. The responsive court and promotion of positive peace – upholding equality and non-discrimination – justiciability and compliance challenges 7. Towards a sustainable gendered peace: the battle for hearts and minds within the Inter-American Court of Human Rights 8. Conclusion: reflections on the construction of a pro homine customary peace Index

This title is available for institutional purchase via Elgaronline.

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