the role of international law in rebuilding societies after conflict great expectations

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The Role Of International Law In Rebuilding Societies After Conflict

Author : Brett Bowden
ISBN : 9780521509947
Genre : Law
File Size : 58. 77 MB
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The genesis of this book was a workshop entitled 'Empire or Empowerment? The Role of International Law in Building Democracy and Justice after Conflict' held at the Australian National University in Canberra on 9-10 August 2007

Self Determination International Law And Post Conflict Reconstruction

Author : Manuela Melandri
ISBN : 9780429880988
Genre : Law
File Size : 27. 94 MB
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The right to self-determination has played a crucial role in the process of assisting oppressed people to put an end to colonial domination. Outside of the decolonization context, however, its relevance and application has constantly been challenged and debated. This book examines the role played by self-determination in international law with regard to post-conflict state building. It discusses the question of whether self-determination protects local populations from the intervention of international state-builders in domestic affairs. With a focus on the right as it applies to the people of an independent state, it explores how self-determination concerns that arise in the post-conflict period play out in relation to the reconstruction process. The book analyses the situation in Somalia as a means of drawing out the impact and significance of the legal principle of self-determination in the process of rebuilding post-conflict institutions. In so doing, it seeks to highlight how the relevance of self-determination is often overlooked in this context.

Post Conflict Rebuilding And International Law

Author : Ray Murphy
ISBN : 9781351909679
Genre : Law
File Size : 50. 56 MB
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This volume presents the research analysis of a range of scholars and experts on post conflict peacebuilding and international law from a variety of perspectives and missions. The selected essays show that peacebuilding, like the concept of peacekeeping, is not specifically provided for in the UN Charter. They also demonstrate that the record of peacebuilding, like that of peacekeeping, is varied and while both concepts are intrinsically linked, neither lends itself to precise definition. The essays consider the historical approaches to peacebuilding such as the role played by the UN in the Congo in the early 1960s and the work of the United States and its allies in rebuilding Germany and Japan in the aftermath of World War II. Finally, essays consider the major challenge for contemporary peacebuilding operations to make international administrations accountable and to ensure the involvement of the international community in helping rebuild communities and prevent the resurgence of violence.

Popular Governance Of Post Conflict Reconstruction

Author : Matthew Saul
ISBN : 9781107055315
Genre : Law
File Size : 44. 99 MB
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How can a population influence decision-making on post-conflict reconstruction? This book explores the international legal framework for post-conflict popular governance.

International Law And Post Conflict Reconstruction Policy

Author : Matthew Saul
ISBN : 9781317669906
Genre : Law
File Size : 31. 41 MB
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The trend for international engagement in post-conflict reconstruction has produced a host of best-practice postulates on topics such as local involvement in decision-making, accountability for past atrocities, sensitivity to context, and the construction of democratic institutions of governance. International law has potential relevance for many of these themes, yet the question of how the implementation of best-practice policy recommendations might be affected by international law remains under-examined. This book offers a fuller understanding of the role of international law in the practice of post-conflict reconstruction. It explores how international legal issues that arise in the post-conflict period relate to a number of strands of the policy debate, including government creation, constitution-making, gender policy, provision of security, justice for past atrocities, rule of law development, economic recovery, returning displaced persons, and responsibilities of international actors. The chapters of the book work to reveal the extent to which international law figures in the policy of internationally enabled post-conflict reconstruction across a range of sectors. They also highlight the scope for international law to be harnessed in a more effective manner from the perspective of the transition to peace and stability. The book lays out a basis for future policy making on post-conflict reconstruction; one that is informed about the international legal parameters, and more aware of how international law can be utilized to promote key objectives.

Regulating Business For Peace

Author : Jolyon Ford
ISBN : 9781107037083
Genre : Law
File Size : 21. 84 MB
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The first book to study how peace operations have engaged with business to influence its peace-building impact in fragile and conflict-affected societies.

Transitional Justice And Rule Of Law Reconstruction

Author : Padraig McAuliffe
ISBN : 9781135037765
Genre : Law
File Size : 89. 66 MB
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This short and accessible book is the first to focus exclusively on the inter-relation between transitional justice and rule of law reconstruction in post-conflict and post-authoritarian states. In so doing it provides a provocative reassessment of the various tangled relationships between the two fields, exploring the blind-spots, contradictions and opportunities for mutually-beneficial synergies in practice and scholarship between them. Though it is commonly assumed that transitional justice for past human rights abuses is inherently conducive to restoring the rule of law, differences in how both fields conceptualise the rule of law, the scope of transition and obligations to citizens have resulted in divergent approaches to transitional criminal trial, international criminal law, restorative justice and traditional justice mechanisms. Adopting a critical comparative approach that assesses the experiences of post-authoritarian and post-conflict polities in Latin America, Asia, Europe and Africa undergoing transitional justice and justice sector reform simultaneously, it argues that the potential benefits of transitional justice are exaggerated and urges policy-makers to rebalance the compromises inherent in transitional justice mechanisms against the foundational demands of rule of law reconstruction. This book will be of interest to scholars in the fields of transitional justice, rule of law, legal pluralism and peace-building concerned by the failure of transitional justice to leave a positive legacy to the justice system of the states where it operates. ‘This is a bold and nuanced scrutiny of the international system’s approach to transitional justice and the much vaunted rule of law project. Dr McAulifee should be congratulated for this well-researched book which should be a must read for not only scholars and researchers in transitional justice and peace and conflict studies, but also policy-makers in the international system.’ Dr. Hakeem O. Yusuf, Senior Lecturer, University of Strathclyde and author of Transitional Justice, Judicial Accountability and the Rule of Law.

The Relationship Between Human Security Discourse And International Law

Author : Shireen Daft
ISBN : 9781351985659
Genre : Law
File Size : 47. 35 MB
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The concept of human security has emerged in international relations and policy as an idea which not only seeks to relocate the focus of international society on the individual, but also challenges the current priorities of the international community. In particular it places emphasis on promoting and facilitating a nexus between security, development and human rights. It is potentially a paradigm in the making, gaining considerable momentum within the UN, international relations scholarship and regional bodies. And yet by-and-large it continues to be unexplored by the international legal community, despite the success of a number of international treaties being attributed to the discourse. This book seeks to address this gap, and establish the nature of the relationship between human security discourse and international law, determining whether human security can meaningfully contribute to the international legal framework. To determine this, the book analyses the core principles of human security discourse and examines the degree to which they find parallels in the existing normative structure of international law. The book examines the how the broad-narrow debate that dominates human security discourse has played out in international law-making. It goes on to consider the processes for the creation of so called ‘human security’ treaties in order to determine a blueprint for future development of international human security treaty law. In concluding Shireen Daft sets out a structured principled approach through which international legal scholarship can engage with human security, highlighting the ways in which engagement between the two fields can be sustained.

Western Political Thought In Dialogue With Asia

Author : Cary J. Nederman
ISBN : 0739131419
Genre : Political Science
File Size : 54. 24 MB
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Given the rise of globalization and coinciding increase in cultural clashes among diverse nations, it has become eminently clear to scholars of political thought that there exists a critical gap in the knowledge of non-Western philosophies and how Western thought has been influenced by them. This gap has led to a severely diminished capacity of both state and nonstate actors to communicate effectively on a global scale. The political theorists, area scholars, and intellectual historians gathered here by Takashi Shogimen and Cary J. Nederman examine the exchange of political ideas between Europe and Asia from the Middle Ages to the early twentieth century. They establish the need for comparative political thought, showing that in order to fully grasp the origins and achievements of the West, historians of political thought must incorporate Asian political discourse and ideas into their understanding. By engaging in comparative studies, this volume proves the necessity of a cross-disciplinary approach in guiding the study of the global history of political thought.

The Impact Of International Law On International Cooperation

Author : Eyal Benvenisti
ISBN : 1139456067
Genre : Law
File Size : 87. 78 MB
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This 2004 book aims at advancing our understanding of the influences international norms and international institutions have over the incentives of states to cooperate on issues such as environment and trade. Contributors adopt two different approaches in examining this question. One approach focuses on the constitutive elements of the international legal order, including customary international law, soft law and framework conventions, and on the types of incentives states have, such as domestic incentives and reputation. The other approach examines specific issues in the areas of international environment protection and international trade. The combined outcome of these two approaches is an understanding of the forces that pull states toward closer cooperation or prevent them from doing so, and the impact of different types of international norms and diverse institutions on the motivation of states. The insights gained suggest ways for enhancing states' incentives to cooperate through the design of norms and institutions.

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