Self Determination International Law and Post Conflict Reconstruction

Author: Manuela Melandri
Publisher: Routledge
ISBN: 0429880987
Format: PDF, Kindle
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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, ePub, 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, ePub, 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.

Critical Indigenous Rights Studies

Author: Giselle Corradi
Publisher: Routledge
ISBN: 135174755X
Format: PDF, ePub
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The field of ‘critical indigenous rights studies’ is a complex one that benefits from an interdisciplinary perspective and a realist (as opposed to an idealised) approach to indigenous peoples. This book draws on sociology of law, anthropology, political sciences and legal sciences in order to address emerging issues in the study of indigenous rights and identify directions for future research. The first part of the volume investigates how changing identities and cultures impact rights protection, analysing how policies on development and land, and processes such as migration, interrelate with the mobilisation of identities and the realisation of rights. In the second part, how new approaches related to indigenous peoples’ rights are scrutinised as to their potential and relevance. They include addressing legal tensions from an indigenous peoples’ rights perspective, creating space for counter-narratives on international law, and designing new instruments. Throughout the text, case studies with wide geographical scope are presented, ranging from Latin America (the book’s focus) to Egypt, Rwanda and Scandinavia.

Sexualised Crimes Armed Conflict and the Law

Author: Hannah Baumeister
Publisher: Routledge
ISBN: 1351619217
Format: PDF, Mobi
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From ancient to modern times, sexualised war violence against women was tolerated if not encouraged as a means of reward, propaganda, humiliation, and terror. This was and is in defiance of international laws that have criminalised acts of sexualised war violence since the 18th century. Ad hoc international tribunals have addressed especially war rape since the 15th century. The International Criminal Court (ICC), however, is the first independent, permanent, international criminal court that recognises not only war rape but also sexual slavery and other sexualised crimes as crimes against humanity, war crimes, and acts of genocide in its statute and supporting documents. This book explores how the ICC definitions of rape and forced marriage came about, and addresses the ongoing challenge of how to define war rape and forced marriage in times of armed conflict in a way that adequately reflects women’s experiences, as well as the nature of the crimes. In addition to deepening the understanding of the ICC negotiations of war rape and forced marriage, and of the crimes themselves, this volume highlights relevant factors that need to be considered when criminalising acts of sexualised war violence under international law. Defining War Rape and Forced Marriage draws on feminist and constructivist theories and offers a comprehensive theoretical and empirical examination of the definition of rape and forced marriage. It presents the latest state of knowledge on the topic and will be of interest to researchers, academics, policymakers, officials and intergovernmental organisations, and students in the fields of post-conflict law and justice, international law, human rights law, international relations, gender studies, politics, and criminology.

Reading Humanitarian Intervention

Author: Anne Orford
Publisher: Cambridge University Press
ISBN: 9781139435710
Format: PDF
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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.

The Actors of Postnational Rule Making

Author: Elaine Fahey
Publisher: Routledge
ISBN: 1317515862
Format: PDF, Kindle
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Despite its centrality to academic discussions of power and influence, there is little consensus in legal scholarship over what constitutes an actor in rule-making. This book explores the range of actors involved in rule-making within European Union law and Public International law, and focuses especially on actors that are often overlooked by formative and doctrinal approaches. Drawing together contributions from many scholars in various fields the book examines such issues as the accommodation of new actors in the process of postnational rule-making, the visibility or covertness of actors within the process, and the role of social acceptance and legitimacy in postnational rule-making. In its endeavour to render and examine the work and effect of actors often side-lined in the study of postnational rule-making, this book will be of great use and interest to students and scholars of EU law, international law and socio-legal studies.

Shaping Peace in Kosovo

Author: Gëzim Visoka
Publisher: Springer
ISBN: 3319510010
Format: PDF, ePub, Docs
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This book explores the prospects and limits of international intervention in building peace and creating a new state in an ethnically divided society and fragmented international order. The book offers a critical account of the international missions in Kosovo and traces the effectiveness of fluid forms of interventionism. It also explores the co-optation of peace by ethno-nationalist groups and explores how their contradictory perception of peace produced an ungovernable peace, which has been manifested with intractable ethnic antagonisms, state capture, and ignorance of the root causes, drivers, and consequences of the conflict. Under these conditions, prospects for emancipatory peace have not come from external actors, ethno-nationalist elite, and critical resistance movements, but from local and everyday acts of peace formation and agnostic forms for reconciliation. The book proposes an emancipatory agenda for peace in Kosovo embedded on post-ethnic politics and joint commitments to peace, a comprehensive agenda for reconciliation, people-centred security, and peace-enabling external assistance.