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Article
More Process Than Peace: Legitimacy, Compliance, and the Oslo Accords
Orde Kittrie
101 Michigan Law Review 1661 (2003)
 
Open Access  |  Library Access

Abstract:

This article's analysis of the Oslo Accords and their failures reveals important lessons about what in a bilateral peace agreement's text can maximize, and what can diminish, the likelihood that the parties will comply with the agreement's terms. Reviewing and building upon three key books, the article makes clear that the Oslo process and texts failed to take advantage of many of the most valuable contributions that international law can make to successful peace negotiations. The failure to take advantage of these tools meant the Accords were, from the beginning, weaker than they could have been. That congenital weakness was compounded by the parties' heavy reliance on two methodological pillars - open-ended gradualism and constructive ambiguity - that proved to be disastrously counterproductive. The article concludes with a discussion of lessons learned, including lessons specifically applicable to future Israeli-Palestinian negotiations and lessons generally applicable to designing peace negotiations, and peace agreement texts, to maximize compliance with their terms.
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