The Role of International Law in Rebuilding Societies After Conflict

The Role of International Law in Rebuilding Societies After Conflict

Author: Brett Bowden

Publisher: Cambridge University Press

Published: 2009-04-16

Total Pages: 349

ISBN-13: 0521509947

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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

Self-Determination, International Law and Post-Conflict Reconstruction

Author: Manuela Melandri

Publisher: Routledge

Published: 2018-10-03

Total Pages: 258

ISBN-13: 0429880987

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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.


Youth and Post-conflict Reconstruction

Youth and Post-conflict Reconstruction

Author: Stephanie Schwartz

Publisher: US Institute of Peace Press

Published: 2010

Total Pages: 236

ISBN-13: 1601270496

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In Youth and Post-Conflict Reconstruction: Agents of Change, Stephanie Schwartz goes beyond these highly publicized cases and examines the roles of the broader youth population in post-conflict scenarios, taking on the complex task of distinguishing between the legal and societal labels of "child," "youth," and "adult."


Reconciliation After Violent Conflict

Reconciliation After Violent Conflict

Author: David Bloomfield

Publisher:

Published: 2003

Total Pages: 188

ISBN-13:

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How does a newly democratized nation constructively address the past to move from a divided history to a shared future? How do people rebuild coexistence after violence? The International IDEA Handbook on Reconciliation after Violent Conflict presents a range of tools that can be, and have been, employed in the design and implementation of reconciliation processes. Most of them draw on the experience of people grappling with the problems of past violence and injustice. There is no "right answer" to the challenge of reconciliation, and so the Handbook prescribes no single approach. Instead, it presents the options and methods, with their strengths and weaknesses evaluated, so that practitioners and policy-makers can adopt or adapt them, as best suits each specific context. Also available in a French language version.


Judicial Reconstruction and the Rule of Law

Judicial Reconstruction and the Rule of Law

Author: Angeline Lewis

Publisher: Martinus Nijhoff Publishers

Published: 2012-08-28

Total Pages: 267

ISBN-13: 9004228101

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Challenging the dominant rhetoric of international rule of law operations, this work reasserts the centrality of the community in building its own relationship with law, counselling military interveners to refocus exclusively on restoring security using their extraordinary powers under international law.


Transitional Justice and Rule of Law Reconstruction

Transitional Justice and Rule of Law Reconstruction

Author: Padraig McAuliffe

Publisher: Routledge

Published: 2013-06-26

Total Pages: 274

ISBN-13: 1135037752

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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.


Constructing Justice and Security After War

Constructing Justice and Security After War

Author: Charles Call

Publisher: US Institute of Peace Press

Published: 2007

Total Pages: 474

ISBN-13: 9781929223909

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"In Constructing Justice and Security after War, the distinguished contributors - including scholars, criminal justice practitioners, and former senior officials of international missions - examine the experiences of countries that have recently undergone transitions from conflict with significant international involvement. The volume offers generalizations based on careful comparisons of justice and security reforms in some of the most prominent and successful cases of transitions from war of the 1990s drawn from Central America, Africa, the Balkans, and East Timor."--BOOK JACKET.


Popular Governance of Post-Conflict Reconstruction

Popular Governance of Post-Conflict Reconstruction

Author: Matthew Saul

Publisher: Cambridge University Press

Published: 2014-07-24

Total Pages: 285

ISBN-13: 1139993054

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Under what conditions does a post-conflict government have authority? What challenges to its legitimacy does it face? To what standards can it be held accountable? Via case studies of Sierra Leone and Afghanistan, and detailed accounts of extant international law, Matthew Saul explores the international legal framework which regulates popular governance of post-conflict reconstruction.


The Relationship between Human Security Discourse and International Law

The Relationship between Human Security Discourse and International Law

Author: Shireen Daft

Publisher: Routledge

Published: 2017-12-01

Total Pages: 323

ISBN-13: 1351985655

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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.