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The real deal? The post-conflict constitution as a peace agreement

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  • Laurie Nathan

Abstract

When intra-state armed conflicts end through a negotiated settlement, the conflict parties frequently agree to amend or replace the country’s constitution. Their aim is to entrench the settlement, address the conflict incompatibility, reform institutions and take other measures to prevent a recurrence of violence. This article argues that post-conflict constitutions (PCCs) should be understood as peace agreements. It motivates this argument on conceptual, functional and legal grounds. It demonstrates that PCCs comply with conventional definitions of a peace agreement, are an intrinsic component of the conflict resolution process and have a range of peace maintenance functions. As supreme law, they become the definitive peace agreement. Research on peace durability following negotiated settlements should therefore focus not only on comprehensive peace agreements (CPAs) but also on PCCs. PCCs should be conceived not as mere components of CPA implementation but as substantive political and legal agreements in their own right and as independent causes of peace.

Suggested Citation

  • Laurie Nathan, 2020. "The real deal? The post-conflict constitution as a peace agreement," Third World Quarterly, Taylor & Francis Journals, vol. 41(9), pages 1556-1574, September.
    • Handle: RePEc:taf:ctwqxx:v:41:y:2020:i:9:p:1556-1574
    DOI: 10.1080/01436597.2020.1771177
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