Emergence of Studies into Contemporary International Law with Regard to Rules and Principles for Peace-Making: From the Perspective of Diachronic Analyses of Diplomatic Negotiations after the World Wars
International Law Research, Vol. 3, No. 1, 86-122 (2014)
37 Pages Posted: 16 Jun 2014 Last revised: 17 Sep 2014
Date Written: December 3, 2013
Abstract
Although the rules and principles for post-conflict settlement have been frequently examined in recent years, little research has explicitly examined the phenomenon yielding incentive to the contemporary discussions about these rules and principles among international lawyers. That is, what is the formation process of the shift to the peace-making that occurred after the Second World War? This paper examines one of the facets of this phenomenon from the perspective of tracing diplomatic historical facts through diachronic analyses of diplomatic negotiations in the processes of drafting the Versailles Peace Treaty and the Treaty of Peace with Japan, setting up concepts adopted by persons in charge as the barometers. These analyses find that compared to the Versailles Peace Treaty, which had harsh, punitive, and discriminatory characteristics, the peace-making process of the Treaty of Peace with Japan took on a more generous nature tempered by a rigorousness in the legal aspects of the treaty.
Keywords: Post-conflict Law, Rules for Peace-making, the Treaty of Peace with Japan, the Versailles Peace Treaty
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