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Rule of Law and Mediation in Colombia

Conflict
Conflict Resolution
Constitutions
Jurisprudence
Negotiation
Julia Liebermann
Technische Universität Darmstadt
Julia Liebermann
Technische Universität Darmstadt

Abstract

Peace processes often lead to situations prone to intervention by both external actors and internal actors not previously recognized in the political realm. Therefore, these situations contain both chances for negotiating norm change as well as risks for a quick introduction of norms and rules not previously discussed and backed up by society and channeled into institutions. This paper deals with the introduction of rule of law frameworks in the peace process in Colombia. Starting from a general discussion concerning the framing of norms within the debate about cosmopolitan norms and constitutional and legal reforms it draws attention to the window of opportunity for discussion of norms in peace processes. It focusses in particular on the role of the mediator, the external guarantors and the constitutional set up in the country. Drawing conclusions from Colombia, the paper argues that rule of law norms in post-conflict situations are often inscribed unchallenged into peace treaties making them an important pillar of the peace negotiation regardless of their long-term feasibility within the existing constitutional setting of the country.