A SUSTAINABLE ECOSYSTEM OF PEACE: PEACEKEEPING - INTERNATIONAL LAW - HUMAN RIGHTS

A Sustainable Ecosystem of Peace (ASEOP) is a mechanism for placing the persecution of refugees at the service of global peacekeeping by linking conflict prevention to the provision of effective remedies for unredressed human rights violations which spill across borders. It operates in a current cocoon of impunity which exists between sovereign and international protection: there where human rights protection ends and peacekeeping begins. In this insulating open wound violence incubates and festers without accountability, escalating into threats to peace and security which require armed intervention for their excision. ASEOP seeks to remove threats to peace prior to escalation of violence into conflict by using peaceful yet coercive international support for existent national frameworks as solutions, thus providing a system states can rely on which is insulated from foreign interference. It aligns theory with practice by achieving international redistribution of support provided by Host States, creates effective remedies for persecution and paves the way for safe and sustainable return of refugees to their homes and of States of Origin to the international community as guarantors of peace. Could ASEOP be hijacked to serve foreign interests? What if governments became lax in declaring refugee status? What if persons flee and claim asylum to seek to subvert a legitimate government? Could a foreign state grant asylum to spies to somehow ‘open a door’ into the affairs of another state? With questions such as these in mind, a formidable set of safeguards and anti-abuse provisions have been built into the mechanism proposed in Chapter 3, with a commentary thereon included in the conclusion. Building on the 2018 Global Compact on Refugees, the 2018 Global Compact for Safe, Orderly and Regular Migration and the historic 2016 New York Declaration for Refugees and Migrants, ASEOP cuts through normative debates with a host of innovative practical solutions and legal tools adapted from hundreds of international treaties and primary international law materials, notably the use of strict and absolute liability, adaptation of the International Law Commission’s principles of state responsibility, procedural innovations which provide in advance for anticipated cost and delay, the use of subrogation, executive force, inducements and a plethora of other tools both innovative and yet well-known to the international community, crafted in each detail to ensure efficiency and justice of means in pursuance of peace. Drawing its strength from the confluence of two sources of ius cogens positive obligations, ASEOP has the titanesque legal strength required to burst through the heavy wrought iron gates of guise confounding defence of the norm of sovereignty with defence of the effectiveness of sovereignty, and to coalesce debate into international consensus, the legislative drafts for which are included, creating a system inspired by nature’s regenerative ecosystems for the early removal of threats to peace and security by placing the suffering of persons fleeing persecution at the service of humanity. ASEOP should make informative reading for anybody interested in peacekeeping, human rights and asylum-related justice and, generally, in how to deliver peace more peacefully, and justice more justly. The text body is fully explained and written for the general reader. The legislative drafts and annotations to the work, spanning from international law sources and commentaries thereon to notes on political philosophy, are intended to serve as technical informative material.