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Post-Settlement Settlements
The study focuses on the durability of peace settlements.
How can these settlements be crafted to ensure that they
remain effective instruments for dealing with unforeseen,
unanticipated conflicts that arise long after the issues
at stake with the original settlement have been dealt with?
It is argued that in some cases settlement failure occurs
as parties approached negotiation from different cultural
perspectives. This leads to fundamental disagreements about
the importance of the rules of good faith, and the status
of contract. Another source of failure lies in dealing with
the problem of incommensurables. This undermines the fairness
of the original exchange, putting the legitimacy of the
entire settlement at risk. When the settlement itself loses
validity, the need for a post-settlement settlement arises.
The research design comprises a comparison of three cases,
each in a different phase of post-settlement conflict. Malaysia's
early settlement of 1956/7 ended in anti-Chinese riots in
1969, and was revisited and revised in 1971. Zimbabwe's
1980 settlement has collapsed comprehensively, and is an
acute case of the problems of incommensurables that are
still not addressed by a post-settlement settlement. South
Africa already shows early signs of a settlement under stress.
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