From Darfur to Sinai to Kashmir: Ethno-religious conflicts and legalization

Gopalan, Sandeep 2007, From Darfur to Sinai to Kashmir: Ethno-religious conflicts and legalization, Buffalo law review, vol. 55, no. 2, pp. 403-456.

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Title From Darfur to Sinai to Kashmir: Ethno-religious conflicts and legalization
Author(s) Gopalan, Sandeep
Journal name Buffalo law review
Volume number 55
Issue number 2
Start page 403
End page 456
Total pages 54
Publisher State University of New York at Buffalo
Place of publication Buffalo, N.Y.
Publication date 2007-07
ISSN 0023-9356
Keyword(s) Dispute Resolution
International Law
Summary This paper attempts to examine agreements between two high conflict states - India and Pakistan - in comparison with those between parties characterized by high degrees of conflict along ethnic and religious lines, from a theoretical perspective with a view to determining if legalization has any correlation between the commitments embodied in agreements between such states and the degree of compliance. For purposes of comparison, I examine the historic agreement between Israel and Egypt, and the Darfur Peace Agreement (DPA) as exemplars of similar conflicts where legalization has salience. I adopt the lens of legalization articulated by Abbott, et al, and bring recent advances from the intersection of international relations theory and international law to the design and structuring of agreements between states beset by persistent hostilities. I analyse agreements between India and Pakistan, Israel and Egypt, and the Darfur Peace Agreement, to demonstrate that agreements that are high on the precision-obligation-delegation matrix enjoy higher degrees of success than those that are low on this matrix when concluded between high conflict states. I conclude by arguing that India and Pakistan should aim for hard legalization to solve the Kashmir dispute, and that they must learn from the painful experience of the Darfur Peace Agreement and include non-state actors as signatories to any agreement.
Language eng
Field of Research 180199 Law not elsewhere classified
Socio Economic Objective 940499 Justice and the Law not elsewhere classified
HERDC Research category C1.1 Refereed article in a scholarly journal
ERA Research output type C Journal article
Copyright notice ©2007, State University of New York at Buffalo
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