Seb Eskauriatza

Seb Eskauriatza

Birmingham Law School
Postgraduate Teaching Associate

Contact details

Address
Birmingham Law School
University of Birmingham
Edgbaston
Birmingham
B15 2TT
UK

Title of thesis: The jus post bellum and peace agreements - An investigation into the relationship between the Colombian peace process and the new lex pacificatoria.

Supervisors: Professor Rob Cryer and Dr Gavin Byrne

Qualifications

  • LLB European Legal Studies (Bristol)
  • LLM International Law (Bristol)
    Thesis Title:  “Transnational Constitutionalism:  The Search for a Hierarchy in International Law”

Teaching

  • LLB Criminal Law (year 1)

Doctoral research

PhD title The jus post bellum and peace agreements - An investigation into the relationship between the Colombian peace process and the new lex pacificatoria. 
Supervisors Professor Robert Cryer and Dr Gavin Byrne
Course Law PhD / PhD by Distance Learning / MPhil / MJur

Research

Seb is researching the jus post bellum which is a new and controversial term in public international law.  

Initially, the jus post bellum was linked to Kantian just war theory and the recognition of a general obligation to reconstruct defeated states after international armed conflict, especially Iraq.  More recently, however, the jus post bellum concept has attracted a number of different interpretations from international lawyers.  There are now many different ways of understanding the term.   However, it seems that despite all of these attempts, at best the jus post bellum provides a useful descriptive term for a set of new norms that have emerged in relation to peace processes and peace agreements.  In this guise, another latin term - the lex pacficatoria more effectively captures the nature of the new hybrid post-conflict norms.  

The lex pacificatoria refers to set of norms that have emerged in international law since the end of the Cold War which shape peace agreements and peace processes after internal armed conflict.  These norms cover transitional justice mechanisms but they also attempt to regulate institution-building and questions of self-determination and political accommodation.  These norms have emerged as peace agreement practice uses new interpretations of existing international legal norms in order to make them ‘fit’ the particular peace process in question.  The most relevant legal categories are international human rights law, international humanitarian law and international criminal law.

The Colombian peace process provides a useful and topical case-study to test whether and how the emerging norms have influenced the ongoing peace process.  At the same time, Seb’s research asks whether the peace process in Colombia provides evidence of new interpretations of the lex pacificatoria as it has been interpreted to ‘fit’ the Colombian reality. 

Colombia provides an excellent window into the tension between peace and justice and the role international legal norms play in post-conflict situations.  The internal armed conflict between the Colombian government, the FARC-EP, and the ELN appears to be coming to an end.  Peace talks have been taking place since 2012 in Havana, Cuba.  Agreements have been reached in agrarian land reform, political participation of the FARC-EP in the democratic process, the cultivation and trade of illegal drug crops and most recently, transitional justice.  The Transitional Justice Accord includes a Special Tribunal for Peace which will attempt to "do away with impunity, obtain truth, contribute to victims’ reparations, and to judge and impose sanctions on those responsible for serious crimes committed during the armed conflict, particularly the most serious and representative ones.”   

Understanding the lex pacificatoria in relation to Colombia will contribute to the broader project of ensuring what works best in peace processes and peace agreements.  

Other activities

 

  • Co-Chair Student Staff Committee (2013 – 2015)
  • Birmingham Law School PGR Summer Conference 2014
  • Member Chatham House
  • Member Institute of Advanced Legal Studies

Presentations, Papers, Activities and Workshops:

  • A2B Access to Birmingham University Scheme, Post-conflict justice and Child Soldiers (June-July 2016)
  • Criminal Justice Cluster, University of Mount Royal Visit from Calgary, Canada - Presentation on Jus Post Bellum and Transitional Justice, May 2016.
  • University of Birmingham, Midlands PGR Conference April 2016, Paper Title: ‘The jus post bellum:  Do we need a new Geneva Convention?’, April 2016.
  • Euthanasia Debate - University of Birmingham Debating Society (Panelist), February 2016.
  • UN-Haiti Cholera Claims Workshop - University of Birmingham, (assisting Dr. Rosa Freedman and Dr. Nicolas-Lemay Hebert), December 2015.
  • International Criminal Justice Cluster, Work-in-Progress Session with Professor Mark Drumbl (Washington and Lee), ‘Reimagining Child Soldiers’, November 2015
  • University of Birmingham PGR Conference 2015 - Chair, International Humanitarian Law Panel, June 2015.
  • Mexican Chamber of Commerce, Half-Year Annual Business Outlook: Wrote the Summary Report Published in Online Magazine, June 2015.
  • University of Birmingham - Criminal Law Teaching, Theory and Practice Workshop, June 2015.
  • University of Birmingham PGR Conference Work-in-Progress 2015, Paper Title: ‘The jus post bellum and Ronald Dworkin’s theory of law as integrity’, May 2015.
  • Chatham House Research Workshop:  AMISOM and the Challenges facing Somalia, April 2015.
  • Chatham House Members’ Event:  Challenges and Choices for the UK, Defence and Security, March 2015
  • Chatham House: Future Trends in the Gulf - Members’ Event - Feb 2015
  • Chatham House New Members’ Welcome Event: December 2014
  • University of Birmingham PGR Conference 2014 - Co-organiser and Presenter, Paper Title: ‘What is the jus post bellum?’, June 2014.
  • Hybridity: Power, social structures and institutions beyond the liberal west, Birmingham, June 2014.
  • The Past and Future of the Legal Left - Celebrating Duncan Kennedy’s Scholarship, May 2014