State Failure, Sovereignty And Effectiveness

State Failure, Sovereignty And Effectiveness
Author: Gérard Kreijen
Publisher: Martinus Nijhoff Publishers
Total Pages: 405
Release: 2004
Genre: Law
ISBN: 9004139656

This comprehensive study of State failure upholds that the collapse of States in sub-Saharan Africa is a self-inflicted problem caused by the abandonment of the principle of effectiveness during decolonization. On the one hand, the abandonment of effectiveness may have facilitated the recognition of the new African States, but on the other it did lead to the creation of States that were essentially powerless: some of which became utter failures. Written in a style both provocative and unorthodox and using convincing arguments, this study casts doubt on some of the most sacred principles of the modern doctrine of international law. It establishes that the declaratory theory of recognition cannot satisfactorily explain the continuing existence of failed States. It also demonstrates that the principled assertion of the right to self-determination as the basis for independence in Africa has turned the notion of sovereignty into a formal-legal figment without substance. This book is a plea for more realism in international law. Pensive pessimists in the tradition of Hobbes will probably love it. Idealists in the tradition of Grotius may hate it, but they will find it very difficult to reject its conclusions.

State Failure in the Modern World

State Failure in the Modern World
Author: Zaryab Iqbal
Publisher: Stanford University Press
Total Pages: 169
Release: 2015-12-16
Genre: Political Science
ISBN: 0804796912

State failure is seen as one of the significant threats to regional and international stability in the current international system. State Failure in the Modern World presents a comprehensive, systematic, and empirically rigorous analysis of the full range of the state failure process in the post-World War II state system—including what state failure means, its causes, what accounts for its duration, its consequences, and its implications. Among the questions the book addresses are: when and why state failure occurs, why it recurs in any single state, and when and why its consequences spread to other states. The book sets out the array of problems in previous work on state failure with respect to conceptualization and definition, as well as how the causes and consequences of state failure have been addressed, and presents analyses to deal with these problems. Any analysis of state failure can be seen as an exercise in policy evaluation; this book undertakes the theoretical, conceptual, and analytic work that must be done before we can evaluate—or have much confidence in—both current and proposed policy prescriptions to prevent or manage state collapse.

Sovereignty, State Failure and Human Rights

Sovereignty, State Failure and Human Rights
Author: Neil A. Englehart
Publisher: Routledge
Total Pages: 0
Release: 2017
Genre: Failed states
ISBN: 9781138222267

This book argues that the effectiveness of the state apparatus is one of the crucial variables determining human rights conditions, and that state weakness and failure is responsible for much of the human rights abuses we see today. Weak states are unable to control their own agents or to police abuses by private actors, resulting in less accountability and more abuse. By contrast, stronger states have greater capacities to protect human rights; even strong authoritarian states tend to have better human rights conditions than weak ones. The first two chapters of the book develop the theoretical connections between international law, sovereignty, states and rights, and the consequences of state failure for these relationships. The empirical chapters (Chapters 3-6) test the validity of these theoretical claims, employing a multi-method approach that combines quantitative and qualitative methods. Englehart uses case studies of Afghanistan, Burma/Myanmar and the Indian state of Bihar to analyze types and patterns of state failure, based on analysis of NGO reports, archival research, primary and secondary texts, and interviews and field research. Examining what happens to human rights when states fail, the book concludes with implications for scholars and activists concerned with human rights. This book will be of great use to scholars of international relations, comparative politics, human rights law and state sovereignty.

The Fragility of the 'Failed State' Paradigm

The Fragility of the 'Failed State' Paradigm
Author: Neyire Akpinarli
Publisher: BRILL
Total Pages: 284
Release: 2010
Genre: Law
ISBN: 9004178120

The absence of effective government, one of the most important issues in current international law, became prominent with the failed state concept at the beginning of the 1990s. Public international law, however, lacked sufficient legal means to deal with the phenomenon. Neither attempts at state reconstruction in countries such as Afghanistan and Somalia on the legal basis of Chapter VII of the UN Charter nor economic liberalisation have addressed fundamental social and economic problems. This work investigates the weaknesses of the failed state paradigm as a long-term solution for international peace and security, arguing that the solution to the absence of effective government can be found only in an economic and social approach and a true universalisation of international law.

The Ideology of Failed States

The Ideology of Failed States
Author: Susan L. Woodward
Publisher: Cambridge University Press
Total Pages: 327
Release: 2017-04-03
Genre: Political Science
ISBN: 1107176425

Contests to reorganize the international system after the Cold War agree on the security threat of failed states: this book asks why.

Fixing Failed States

Fixing Failed States
Author: Ashraf Ghani
Publisher: Oxford University Press, USA
Total Pages: 265
Release: 2009
Genre: Business & Economics
ISBN: 0195398610

Social science.

Sovereignty Sharing in Fragile States

Sovereignty Sharing in Fragile States
Author: John D. Ciorciari
Publisher:
Total Pages: 320
Release: 2021-03-16
Genre: Political Science
ISBN: 9781503613669

"In fragile states, domestic and international actors sometimes take the momentous step of sharing sovereign authority to provide basic public services and build the rule of law. While sovereignty sharing can help address gaps in governance, it is inherently difficult, risking redundancy, confusion over roles, and feuds between partners when their interests diverge. In 'Sovereignty Sharing in Fragile States, ' John D. Ciorciari sheds light on how and why these extraordinary joint ventures are created, designed, and implemented. Based on extensive field research in several countries and more than 150 interviews with senior figures from governments, the UN, donor states, and civil society, Ciorciari discusses when sovereignty sharing may be justified and when it is most likely to achieve its aims. The two, he argues, are closely related: perceived legitimacy and continued political and popular support are keys to success. This book examines a diverse range of sovereignty-sharing arrangements, including hybrid criminal tribunals, joint policing arrangements, and anti-corruption initiatives, in Sierra Leone, Cambodia, Lebanon, Timor-Leste, Guatemala, and Liberia. Ciorciari provides the first comparative assessment of these remarkable attempts to repair ruptures in the rule of law--the heart of a well-governed state"--

Effective Governance Under Anarchy

Effective Governance Under Anarchy
Author: Tanja A. Börzel
Publisher: Cambridge University Press
Total Pages: 381
Release: 2021-04-08
Genre: Business & Economics
ISBN: 1107183693

Democratic and consolidated states are taken as the model for effective rule-making and service provision. In contrast, this book argues that good governance is possible even without a functioning state.

A Principled Approach to State Failure

A Principled Approach to State Failure
Author: Chiara Giorgetti
Publisher: BRILL
Total Pages: 216
Release: 2010-03-08
Genre: Law
ISBN: 9004181288

This book is the first legal study of state failure in international law. Dr. Giorgetti specifically analyses health, environmental and human rights emergencies and suggests concrete instruments for international actors facing emergencies in failing states. Her Principles for Action are an important contribution to the development of international law.