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Peacekeeping Doctrine: An Autonomous Legal Order?

White, Nigel D.

Authors

NIGEL WHITE nigel.white@nottingham.ac.uk
Professor of Public International Law



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.

Journal Article Type Article
Publication Date Mar 11, 2019
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
APA6 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
DOI https://doi.org/10.1163/15718107-088010005
Keywords Political Science and International Relations; Law
Publisher URL https://brill.com/view/journals/nord/88/1/article-p86_86.xml

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