Post Conflict Administrations In International Law
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Author | : Matthew Saul |
Publisher | : Routledge |
Total Pages | : 355 |
Release | : 2015-05-15 |
Genre | : Law |
ISBN | : 1317669916 |
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.
Author | : Eric de Brabandere |
Publisher | : BRILL |
Total Pages | : 352 |
Release | : 2009-04-24 |
Genre | : Law |
ISBN | : 9004180826 |
The concept of international administrations of territory, in which comprehensive administrative powers are exercised by, on behalf of or with the agreement of the United Nations has recently re-emerged in the context of reconstructing (parts of) states after conflict. Although in Kosovo and East Timor, the UN was endowed with wide-ranging executive and legislative powers, in the subsequent operations in Afghanistan it was decided, to principally rely on local capacity with minimal international participation, and in Iraq, administrative power was exercised by the occupying powers. The objectives are however very similar. This work first delineates the origins of the granting of administrative functions to international actors, and analyses the context in which it has resurfaced, namely post-conflict peace-building or reconstruction. Secondly, the book methodically establishes the legal framework applicable to post-conflict administrations and peace-building operations, by taking into account the post-conflict scenario in which they operate. Based on these two analyses, an enquiry into the practice of the reconstruction processes in Kosovo, East Timor, Afghanistan and Iraq is undertaken, to analyse and understand the influence of the international legal framework and the different approaches on the implementation of the mandates. Finally, the book concludes with an analysis of questions on exit strategies, local ownership, the internationalisation of domestic institutions, and the need for a comprehensive approach towards post-conflict reconstruction.
Author | : Matthew Saul |
Publisher | : Cambridge University Press |
Total Pages | : 285 |
Release | : 2014-07-24 |
Genre | : Law |
ISBN | : 1107055318 |
How can a population influence decision-making on post-conflict reconstruction? This book explores the international legal framework for post-conflict popular governance.
Author | : Ralph Wilde |
Publisher | : Oxford University Press |
Total Pages | : 641 |
Release | : 2010-09-30 |
Genre | : Language Arts & Disciplines |
ISBN | : 0199577897 |
This is the first comprehensive treatment of the reasons why international organizations have engaged in territorial administration. The book describes the role of international territorial administration and analyses the various purposes associated with this activity, revealing the objectives which territorial administration seeks to achieve.
Author | : M. Cherif Bassiouni |
Publisher | : Brill Nijhoff |
Total Pages | : 0 |
Release | : 2002 |
Genre | : Criminal justice, Administration of |
ISBN | : 9781571051530 |
Thirty scholars and experts discuss and provide wide-ranging views on a variety of accountability measures: the establishment of ad hoc criminal tribunals for the Former Yugoslavia and Rwanda; truth commissions in South Africa and El Salvador; and lustration laws for the former Czechoslovakia and Germany after its reunification. Also discussed are amnesty for previous crimes and accountability, post-conflict justice involving issues pertaining to the restoration of law and order, and the rebuilding of failed national justice systems. In addition, the book also contains an important set of guidelines designed to achieve accountability and eliminate impunity. The guidelines with commentaries have been prepared by a distinguished group of experts, many of whom have also contributed articles to this volume. Published under the Transnational Publishers imprint.
Author | : Laurie R. Blank |
Publisher | : Aspen Publishing |
Total Pages | : 486 |
Release | : 2021-07-30 |
Genre | : Law |
ISBN | : 1543835546 |
The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. International Law and Armed Conflict: Fundamental Principles and Contemporary Challenges in the Law of Waruses vivid stories and cases to bring basic principles of law and current challenges to life in the classroom. With over 50 years’ combined experience and expertise teaching and working in the military, think tanks, nongovernmental organizations, and academia, Laurie R. Blank and Gregory P. Noone create a complete framework for understanding the law and policy applicable in times of armed conflict, tying in coverage of human rights and national security law. New to the Second Edition: New technologies and the law of armed conflict, including cyber, unmanned aerial vehicles, and autonomous weapons systems The conflict in Syria, including ISIS, genocide, and chemical weapons attacks Humanitarian assistance and the challenges of protecting the civilian population in urban conflicts Contemporary debates regarding detention in non-international armed conflict, human rights law, and targeted killing Key benefits for professors and students: Real-life stories, vignettes, and hypothetical scenarios bring focused energy to analysis and discussion of front-page issues Basic legal principles and policy inform and frame contemporary issues, as well as tomorrow’s unanswered questions and challenges Protection of civilians Contemporary weapons—lethal autonomous weapons, cyber operations, outer space Conflicts with terrorist groups Integrated coverage of related fields, such as human rights and national security law, provides a more complete picture of the legal paradigm that applies to armed conflict
Author | : M. Cherif Bassiouni |
Publisher | : |
Total Pages | : 95 |
Release | : 2008 |
Genre | : Criminal justice, Administration of |
ISBN | : 9781889001159 |
Author | : Vivienne M. O'Connor |
Publisher | : US Institute of Peace Press |
Total Pages | : 544 |
Release | : 2007 |
Genre | : Law |
ISBN | : 9781601270122 |
Accompanying CD-ROMs contains the text of vol. 1. and vol. 2.
Author | : Carina Lamont |
Publisher | : Routledge |
Total Pages | : 245 |
Release | : 2021-11-14 |
Genre | : Law |
ISBN | : 1000473252 |
This book proposes a normative framework specifically designed for the complex and legally uncertain time period between armed conflicts and peace. As such, it contributes both to the furthering of a jus post bellum framework, and to enhanced legal clarity in complex and legally uncertain environments. This, in turn, contributes to strengthened protection engagements, and thus to improved prospects of enabling sustainable peace and security in both national and international perspectives. The book offers a novel but persuasive argument for a legal framework specific for transitional environments. Such legal framework, it is argued, is warranted in order to enable legal clarity to contemporary and outstanding legal issues, as well as to furthering peace efforts in complex environments. The legal framework suggested proposes a dividing line between applicable legal frameworks that, it is submitted, enhances both legal clarity on protection engagements and the quest for sustainable peace. The framework proposed is founded on a legal analysis of the protective nature and function of law. It thus provides a rare but important perspective on law that is of value in the quest for sustainable peace and security. The research draws uniquely on both contemporary legal debates, and on peace and conflict research. It does so in order to enable legal analysis that is both legally sound, as well as appropriate and adequate in today’s peace and security realities. The book provides a valuable resource for academics, researchers and policy-makers in the areas of Public International Law, International Humanitarian Law, International Human Rights Law, (the law of) Peace Operations, and Peace and Security Studies.
Author | : Hanspeter Neuhold |
Publisher | : BRILL |
Total Pages | : 232 |
Release | : 2015-11-24 |
Genre | : Law |
ISBN | : 9004299939 |
The Law of International Conflict deals with three key principles of modern international law that are related to each other from a policy-oriented perspective. The prohibition in the UN Charter has not stopped the threat or use of force, since the system of collective security of the World Organization still fails to effectively enforce it. On the other hand, the UN has developed peacekeeping operations, non-military sanctions, the international administration of territories, tribunals trying individuals for serious breaches of international humanitarian law and the concept of responsibility to protect. The prohibition of intervention, i.e. coercion below armed force, also poses numerous problems. The alternative, the peaceful settlement of disputes, can be achieved by various methods, all of which have advantages and shortcomings.