Bibliotheken Online

The ties that bind

Peace negotiations, credible commitment and constitutional reform

Laurie Nathan

Buch

englisch

Nathan, Laurie (Verfasser/-in) DNB

working paper / Swiss Peace

1

Swisspeace

Bern

2019

31 p.

978-3-906841-12-0

peace negotiations
constitutional reform

In negotiations to end an intra-state armed conflict, the belligerent parties are filled with hatred, anger and suspicion. They find it difficult to make plausible commitments and overcome their fear that their opponent will renege on its promises. Previous research has identified two major strategies for addressing the commitment problem: third party security guarantees during the transition, and domestic power-sharing in the post-conflict society. This paper identifies and analyses a third major strategy frequently employed by conflict parties to address the commitment challenge. In a high proportion of cases, the parties decide to constitutionalize their comprehensive peace agreement (CPA) in whole or in part. This decision constitutes a credible commitment because constitutionalization locks in and institutionalizes the envisaged CPA reforms and renders them durable and enforceable. A post-conflict constitution has these effects because, unlike a CPA, it has the status of supreme law.

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