Peacekeeping Doctrine: An Autonomous Legal Order?

White, Nigel D.

Abstract

This article explores the legal bases of autonomy in peacekeeping and whether it has developed to such an extent that there are signs of a self-referential legal order governing peacekeeping, separate from other legal orders. Given that it will be shown that the principles governing peacekeeping are derived from general international law, there must be a presumption against there being a self-referential legal order, but the possibility that there has been a significant development of specific principles and rules will be explored. Moreover, this development may have occurred to such an extent that although the original source may remain in international law, a separate legal order has emerged. If the norms of that legal order no longer reflect the wider principles of international law then concerns revolve not only around fragmentation of international law, but also around the continuing compatibility of peacekeeping with international law.

Citation

White, N. D. (2019). Peacekeeping Doctrine: An Autonomous Legal Order?. Nordic Journal of International Law, 88(1), 86-110. https://doi.org/10.1163/15718107-088010005

• Journal Article Type: Article
• Acceptance Date: Feb 4, 2019
• Online Publication Date: Mar 11, 2019
• Publication Date: Mar 11, 2019
• Deposit Date: Feb 12, 2019
• Publicly Available Date: Mar 12, 2021
• Journal: Nordic Journal of International Law
• Print ISSN: 0902-7351
• Electronic ISSN: 1571-8107
• Publisher: Brill Academic Publishers
• Peer Reviewed: Peer Reviewed
• Volume: 88
• Issue: 1
• Pages: 86-110
• DOI: https://doi.org/10.1163/15718107-088010005
• Keywords: Political Science and International Relations; Law
• Public URL: https://nottingham-repository.worktribe.com/output/1541113
• Publisher URL: https://brill.com/view/journals/nord/88/1/article-p86_86.xml
• Contract Date: Feb 12, 2019