Can Might Make Rights?

Building the Rule of Law after Military Interventions

Author: Jane Stromseth,David Wippman,Rosa Brooks

Publisher: Cambridge University Press

ISBN: 1139458701

Category: Law

Page: N.A

View: 7712

This book looks at why it's so difficult to create 'the rule of law' in post-conflict societies such as Iraq and Afghanistan, and offers critical insights into how policy-makers and field-workers can improve future rule of law efforts. A must-read for policy-makers, field-workers, journalists and students trying to make sense of the international community's problems in Iraq and elsewhere, this book shows how a narrow focus on building institutions such as courts and legislatures misses the more complex cultural issues that affect societal commitment to the values associated with the rule of law. The authors place the rule of law in context, showing the interconnectedness between the rule of law and other post-conflict priorities, such as reestablishing security. The authors outline a pragmatic, synergistic approach to the rule of law which promises to reinvigorate debates about transitions to democracy and post-conflict reconstruction.

Peacebuilding and Rule of Law in Africa

Just Peace?

Author: Chandra Lekha Sriram,Olga Martin-Ortega,Johanna Herman

Publisher: Routledge

ISBN: 1136948759

Category: Political Science

Page: 280

View: 3755

This text brings together expert practitioners and scholars in African politics, law, and conflict and peacebuilding to examine the expanding international efforts to promote rule of law in countries emerging from violent conflict, focusing specifically upon experiences in Africa.

Private Law and the Rule of Law

Author: Lisa M Austin,Dennis Klimchuk

Publisher: OUP Oxford

ISBN: 0191045578

Category: Law

Page: 375

View: 5795

The rule of law is widely perceived to be a public law doctrine, concerned with the way in which governmental authority conforms to the dictates of law. The goal of this book is to challenge this presumption. The chapters in this volume all consider the idea that the rule of law concerns the nature of law generally and the conditions under which any relationship - that among citizens as well as that between citizens and the state - becomes subject to law. Addressing two major questions, they ask if our understanding of the rule of law is enriched by considering how and to what degree it is expressed or realized in private law, and whether our understanding of the private law is enriched by adding the principles of the rule of law to the traditional list of core private law concepts. Bringing together leading philosophers of private and public law, this volume examines key questions in a little-explored field, and will be essential reading for all those interested in the rule of law and in private law theory.

International Actors, Democratization and the Rule of Law

Anchoring Democracy?

Author: Amichai Magen,Leonardo Morlino

Publisher: Routledge

ISBN: 1134058144

Category: Political Science

Page: 320

View: 493

Do external factors facilitate or hamper domestic democratic development? Do international actors influence the development of greater civil and political freedom, democratic accountability, equality, responsiveness and the rule of law in domestic systems? How should we conceptualize, identify and evaluate the extent and nature of international influence? These are some of the complex questions that this volume approaches. Using new theoretical insights and empirical data, the contributors develop a model to analyze the transitional processes of Romania, Turkey, Serbia and Ukraine. In developing this argument, the book examines: the adoption, implementation and internalization of the rule of law the rule of law as a central dimension of liberal and substantive democracy the interaction between external and domestic structures and agents Offering a different stance from most of the current literature on the subject, International Actors, Democratization and the Rule of Law makes an important contribution to our knowledge of the international dimensions of democratization. This book will be of importance to scholars, students and policy-makers with an interest in the rule of law, international relations theory and comparative politics.

Transitional Justice and Rule of Law Reconstruction

A Contentious Relationship

Author: Padraig McAuliffe

Publisher: Routledge

ISBN: 1135037752

Category: Law

Page: 312

View: 5158

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.

Culture in Law and Development

Nurturing Positive Change

Author: Lan Cao

Publisher: Oxford University Press

ISBN: 0190608218

Category: Law

Page: 432

View: 6276

The growth of international law in the post-World War II era stemmed partly from the belief that universal norms would make life for the entire world's population safer, more equitable, and more conducive to each person's acquisition of basic material needs. Starting in the sixties and seventies, some scholars and activists challenged this assumption and established the school of "cultural relativism," a model that pays deference to local cultural traditions and favors them over international human rights norms. Scholars tried to create and practice a middle-ground approach between universalism and relativism, whereby the most egregious violations would be prevented through assimilating only jus cogens norms into indigenous groups' existing cultural traditions. Such efforts at combining a few select international norms with local cultural traditions largely failed. Culture in Law and Development presents a provocative new solution to the seemingly intractable problem of combining international norms with local cultural traditions by changing culture through law and development. In this book, Lan Cao demonstrates how the gradual expansion of customary international law (CIL) provides a model for changing culture in ways that protect and advance local populations. The book adopts a holistic view of development and argues that cultural norms that impede the human capabilities of the poor, women, and other marginal groups should be changed. The book reveals how a more conscious, coordinated effort on such change can succeed while non-violative local traditions are otherwise honored and preserved. Cao proposes that cultural change does not have to constitute cultural disrespect, and that local societies only benefit by a careful combination of externally wrought change and internally fostered tradition.

Exit Strategies and State Building

Author: Richard Caplan

Publisher: Oxford University Press

ISBN: 0199942706

Category: Political Science

Page: 352

View: 2137

In the past two decades, states and multilateral organizations have devoted considerable resources toward efforts to stabilize peace and rebuild war-torn societies in places such as Afghanistan, Iraq, Kosovo, and Sierra Leone. Despite these prodigious efforts, there has been relatively little consideration of the critical questions arising from the "end game" of state-building operations. In Exit Strategies and State Building, sixteen leading scholars and practitioners focus on relevant historical and contemporary cases of exit to provide a comprehensive overview of this crucial issue. By examining the major challenges associated with the conclusion of international state-building operations and the requirements for the maintenance of peace in the period following exit, this book provides unique perspective on a critical aspect of military and political intervention. Deftly researched, Exit Strategies and State Building sheds new light on what is not merely an academic issue, but also a pressing global policy concern.

The Ashgate Research Companion to Political Violence

Author: Professor Marie Breen-Smyth

Publisher: Ashgate Publishing, Ltd.

ISBN: 1409471829

Category: Political Science

Page: 622

View: 2999

Aimed at scholars and students interested in peace and conflict studies, this companion is a comprehensive resource to the principal debates on political violence. With 27 specially commissioned essays written by leading scholars in the field, this authoritative guide and source book addresses a wide range of issues in a field which is becoming an increasingly important part of courses on peace and conflict.

From War to the Rule of Law

Peacebuilding After Violent Conflicts

Author: J. J. C. Voorhoeve

Publisher: Amsterdam University Press

ISBN: 9053568670

Category: Political Science

Page: 203

View: 4151

As recent events in Iraq demonstrate, countries that have suffered civil war or rule by military regime can face a long, difficult transition to peaceful democracy. Drawing on the experiences of Bosnia, Haiti, Rwanda and Afghanistan, this outstanding volume demonstrates that newly emerging democracies need more than emergency economic support: restoring the rule of law can involve the training of a new police force, for example, or the creation of an international war crimes tribunal. Concluding with specific recommendations for the UN and EU members, Voorhoeve reminds us that disregard for human rights or delay in civilian reconciliation can lead to resurgences of violence.

Getting to the Rule of Law

Author: James E. Fleming

Publisher: NYU Press

ISBN: 0814728782

Category: Law

Page: 311

View: 3155

The rule of law has been celebrated as an unqualified human good and promoted around the world to secure economic development and political freedom. Yet there is considerable disagreement about just what the ideal of the rule of law requires. When people clamor for the preservation or extension of the rule of law, are they advocating a substantive conception of the rule of law respecting private property and promoting liberty, a formal conception emphasizing an inner morality of law, or a procedural conception stressing the right to be heard by an impartial tribunal and to make arguments about what the law is? When, if ever, are exertions of executive power outside the law justified on the ground that they may be necessary to maintain or restore the conditions for the rule of law in emergency circumstances, such as defending against terrorist attacks? What institutions or measures might be effective in bounding or checking such power? What are the promise and perils of attempting to build the rule of law after military interventions in conflict-ridden societies?When the might of intervening governments is brought to bear to make rights, does it distort rights and inflict costs that may more than offset the potential gains? In Getting to the Rule of Law a group of prominent, thoughtful contributors from a variety of disciplines address many of the theoretical legal, political, and moral issues raised by such questions and examine practical applications on the ground in the United States and around the world. This timely, interdisciplinary volume examines the ideal of the rule of law, questions when, if ever, executive power outside the law is justified to maintain or restore the rule of law, and explores the prospects for and perils of building the rule of law after military interventions.

(2009)

Author: K. G. Saur Verlag GmbH & Company

Publisher: Walter de Gruyter

ISBN: 9783598694523

Category:

Page: 2563

View: 1216

The IBR, published again since 1971 as an interdisciplinary, international bibliography of reviews, offers book reviews of literature dealing primarily with the humanities and social sciences published in 6,000 mainly European scholarly journals. This unique bibliography contains over 1.2 millions book reviews. 60,000 entries are added every year with details on the work reviewed and the review.

Civil war and the rule of law

security, development, human rights

Author: Agnès G. Hurwitz,Reyko Huang

Publisher: Lynne Rienner Pub

ISBN: 9781588265074

Category: History

Page: 351

View: 9106

How do rule of law programs contribute to conflict management? What strategies best address the challenges to securing the rule of law in fragile countries? What place do rule of law policies have in efforts to achieve stable and equitable development?The authors of Civil War and the Rule of Law address these fundamental questions, analyzing rule of law programs in the context of conflict prevention, peacekeeping, and peacebuilding activities. Throughout the book, they emphasize the critical relationship linking the rule of law, security, development, and human rights.Agnes Hurwitz is in the Office of the President of the International Criminal Tribunal for the Former Yugoslavia. In 2004?2006 she headed the Rule of Law Project at the International Peace Academy. Reyko Huang, formerly a program officer at the International Peace Academy, is a doctoral candidate in political science at Columbia University.Contents: Civil War and the Rule of Law: Toward Security, Development, and Human Rights?A. Hurwitz. The Rule of Law: Conceptual Perspectives. Exploring the Rule of Law in Theory and Practice?R. Mani. Invoking the Rule of Law: International Discourses?B. Rajagopal. Conflict Prevention, Peacekeeping, and Peacebuilding. Conflict Prevention and the Rule of Law: Rhetoric and Reality?C.L. Sriram. UN Peacekeeping Operations and Rule of Law Programs?W.G. O?Neill. Transitional Codes: Laying the Foundation of the Rule of Law?C. Rausch and V. O?Connor. Transfer of Authority in Postconflict Operations: The Trope of Ownership?S. Chesterman. Addressing the Past: Reparations for Gross Human Rights Abuses?P. de Greiff. Linking Security, Development, and Human Rights. Beyond Restitution: Housing, Land, Property, and the Rule of Law?A. Hurwitz. Corruption: A Rule of Law Agenda?M. O?Donnell. Toward the International Rule of Law: Economic Instruments and Collective Security?L.B. de Chazournes. Counterterrorism and the Rule of Law?R. Huang. Conclusion. Conclusion?A. Hurwitz.