Self Determination International Law and Post Conflict Reconstruction

Author: Manuela Melandri
Publisher: Routledge
ISBN: 0429880987
Format: PDF
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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.

International Law and Post Conflict Reconstruction Policy

Author: Matthew Saul
Publisher: Routledge
ISBN: 1317669908
Format: PDF, Mobi
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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.

Popular Governance of Post Conflict Reconstruction

Author: Matthew Saul
Publisher: Cambridge University Press
ISBN: 1107055318
Format: PDF, Docs
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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.

Statehood and Self Determination

Author: Duncan French
Publisher: Cambridge University Press
ISBN: 1107311276
Format: PDF, Mobi
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The concepts of statehood and self-determination provide the normative structure on which the international legal order is ultimately premised. As a system of law founded upon the issue of territorial control, ascertaining and determining which entities are entitled to the privileges of statehood continues to be one of the most difficult and complex issues. Moreover, although the process of decolonisation is almost complete, the principle of self-determination has raised new challenges for the metropolitan territories of established states, including the extent to which 'internal' self-determination guarantees additional rights for minority and other groups. As the controversies surrounding remedial secession have revealed, the territorial integrity of a state can be questioned if there are serious and persistent breaches of a people's human rights. This volume brings together such debates to reflect further on the current state of international law regarding these fundamental issues.

Reading Humanitarian Intervention

Author: Anne Orford
Publisher: Cambridge University Press
ISBN: 9781139435710
Format: PDF, ePub, Docs
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During the 1990s, humanitarian intervention seemed to promise a world in which democracy, self-determination and human rights would be privileged over national interests or imperial ambitions. Orford provides critical readings of the narratives that accompanied such interventions and shaped legal justifications for the use of force by the international community. Through a close reading of legal texts and institutional practice, she argues that a far more circumscribed, exploitative and conservative interpretation of the ends of intervention was adopted during this period. The book draws on a wide range of sources, including critical legal theory, feminist and postcolonial theory, psychoanalytic theory and critical geography, to develop ways of reading directed at thinking through the cultural and economic effects of militarized humanitarianism. The book concludes by asking what, if anything, has been lost in the move from the era of humanitarian intervention to an international relations dominated by wars on terror.

Globalization and Sovereignty

Author: Jean L. Cohen
Publisher: Cambridge University Press
ISBN: 1139560263
Format: PDF, ePub, Mobi
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Sovereignty and the sovereign state are often seen as anachronisms; Globalization and Sovereignty challenges this view. Jean L. Cohen analyzes the new sovereignty regime emergent since the 1990s evidenced by the discourses and practice of human rights, humanitarian intervention, transformative occupation, and the UN targeted sanctions regime that blacklists alleged terrorists. Presenting a systematic theory of sovereignty and its transformation in international law and politics, Cohen argues for the continued importance of sovereign equality. She offers a theory of a dualistic world order comprised of an international society of states, and a global political community in which human rights and global governance institutions affect the law, policies, and political culture of sovereign states. She advocates the constitutionalization of these institutions, within the framework of constitutional pluralism. This book will appeal to students of international political theory and law, political scientists, sociologists, legal historians, and theorists of constitutionalism.

Human Rights in Asia and the Pacific

Author: James T. Lawrence
Publisher: Nova Science Pub Incorporated
ISBN:
Format: PDF, Docs
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The existence of human rights helps secure the peace, deter aggression, promote the rule of law, combat crime and corruption, and prevent humanitarian crises. These human rights include freedom from torture, freedom of expression, press freedom, women's rights, children's rights, and the protection of minorities. This book surveys the countries of Asia and the Pacific and is augmented by a current bibliography and useful indexes by subject, title and author. CONTENTS: Preface; Part I. Australia; Brunei; Burma; Cambodia; China (Taiwan only); China (includes Tibet, Hong Kong and Macau); East Timor; Fiji; Indonesia; Japan; Kiribati; Democratic People's Republic of Korea; Republic of Korea; Laos, Malaysia; Marshall Islands; Federated States of Micronesia; Mongolia; Nauru; New Zealand; Palau; Papua New Guinea; Philippines; Samoa; Singapore; Solomon Islands; Thailand; Tonga; Tuvalu; Vanuatu; Vietnam; Afghanistan; Bangladesh; Bhutan; India; Maldives; Nepal; Pakistan; Sri Lanka; Part II. Special Bibliography; Part III. Indexes by Subject, Title and Author.

Afghanistan

Author: Geoffrey Hayes
Publisher: Wilfrid Laurier Univ. Press
ISBN: 1554586984
Format: PDF
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Many have questioned the wisdom of the international intervention in Afghanistan in light of the escalation of violence and instability in the country in the past few years. Particularly uncertain are Canadians, who have been inundated with media coverage of an increasingly dirty war in southern Afghanistan, one in which Canadians are at the frontline and suffering heavy casualties. However, the conflict is only one aspect of Afghanistan’s complicated, and incomplete, political, economic, and security transition. In Afghanistan: Transition under Threat, leading Afghanistan scholars and practitioners paint a full picture of the situation in Afghanistan and the impact of international and particularly Canadian assistance. They review the achievements of the reconstruction process and outline future challenges, focusing on key issues like the narcotics trade, the Pakistan—Afghanistan bilateral relationship, the Taliban-led insurgency, and continuing endemic poverty. This collection provides new insight into the nature and state of Afghanistan’s post-conflict transition and illustrates the consequences of failure. Co-published with the Centre for International Governance Innovation