How Does International Law Condition Responses to Conflict and Negotiation?

O'Donoghue, Aoife

doi:10.1111/1758-5899.12335

How Does International Law Condition Responses to Conflict and Negotiation?

O'Donoghue, Aoife

Authors

Aoife O'Donoghue

Abstract

This article explores the role law plays in defining conflict and its consequences. Two elements of law's categorisations are critical; first law's cataloguing of activities fixing actions into particular classifications and second law's choosing of temporal points from which to analyse conflict, looking both forward and backward at events. The article uses two case studies to demonstrate these two features; Rwanda and Ukraine. Both examples, one historical the other contemporary, are replete with examples of law's categorisations of events and temporal points while demonstrating the tremendous impact that these choices have upon our understanding of how negotiations ought to proceed. This article does not call for a withdrawal of law from these situations but rather cognisance that heavy reliance on law can serve to mask both events and actors critical to successful negotiation and parties must bare this in mind when dealing with conflict.

Citation

O'Donoghue, A. (2016). How Does International Law Condition Responses to Conflict and Negotiation?. Global Policy, 7(2), 272-277. https://doi.org/10.1111/1758-5899.12335

Journal Article Type	Article
Acceptance Date	Feb 12, 2016
Online Publication Date	Apr 28, 2016
Publication Date	May 1, 2016
Deposit Date	Feb 12, 2016
Publicly Available Date	Apr 28, 2018
Journal	Global Policy
Print ISSN	1758-5880
Electronic ISSN	1758-5899
Publisher	Durham University
Peer Reviewed	Peer Reviewed
Volume	7
Issue	2
Pages	272-277
DOI	https://doi.org/10.1111/1758-5899.12335

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Copyright Statement
This is the accepted version of the following article: O'Donoghue, A. (2016), How Does International Law Condition Responses to Conflict and Negotiation?. Global Policy, 7(2): 272-277, which has been published in final form at http://dx.doi.org/10.1111/1758-5899.12335. This article may be used for non-commercial purposes in accordance With Wiley Terms and Conditions for self-archiving.