The Impact of Justice on Effective Governance and Settlement of Conflicts

Abstract

This panel addresses a highly topical, yet still poorly investigated subject: how principles and considerations of justice may impact upon the settlement of conflicts and effective governance in international affairs. It seeks to use a number of theoretical and methodological approaches to examine how justice considerations may both facilitate and undermine conflict settlement and governance, in different areas and contexts. For example, a growing emphasis on postwar justice (jus post bellum) in the settlement of conflict may prompt parties to continue fighting or introduce amnesty clauses in peace agreements so as to escape war crimes trials. However, if justice provisions are in fact included, they may enhance the durability of the settlement. Procedural and distributive justice may contribute to the effectiveness of agreements in negotiations, with considerable variations across different contexts such as civil wars, arms control, trade and the environment. And actors' justice considerations may also influence their compliance or not with international regimes, and thereby regime effectiveness, particularly in the area of arms control. The panel thus seeks to bring together a diversity of approaches, perspectives and findings on a much neglected topic. It will demonstrate that justice matters, and can have a variety of effects, both positive and negative, on conflict settlement and governance. A better understanding, theoretical and empirical, of these effects expands the opportunities for taking advantage of justice considerations as a positive force.

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