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: 8031

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.

Advancing the Rule of Law Abroad

Next Generation Reform

Author: Rachel Kleinfeld

Publisher: Brookings Institution Press

ISBN: 0870032666

Category: Political Science

Page: 281

View: 6618

In the modern era, political leaders and scholars have declared the rule of law to be essential to democracy, a necessity for economic growth, and a crucial tool in the fight for security at home and stability abroad. The United States has spent billions attempting to catalyze rule-of-law improvements within other countries. Yet despite the importance of the goal to core foreign policy needs, and the hard work of hundreds of practitioners on the ground, the track record of successful rule-of-law promotion has been paltry. In Advancing the Rule of Law Abroad, Rachel Kleinfeld describes the history and current state of reform efforts and the growing movement of second-generation reformers who view the rule of law not as a collection of institutions and laws that can be built by outsiders, but as a relationship between the state and society that must be shaped by those inside the country for lasting change. Based on research in countries from Indonesia to Albania, Kleinfeld makes a compelling case for new methods of reform that can have greater chances of success. This book offers a comprehensive overview of this growing area of policy action where diplomacy and aid meet the domestic policies of other states. Its insights into the practical methods and moral complexities of supporting reform within other countries will be useful to practitioners and students alike.

Getting to the Rule of Law

Author: James E. Fleming

Publisher: NYU Press

ISBN: 0814728782

Category: Law

Page: 311

View: 8557

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.

How Everything Became War and the Military Became Everything

Tales from the Pentagon

Author: Rosa Brooks

Publisher: Simon and Schuster

ISBN: 147677787X

Category: Biography & Autobiography

Page: 448

View: 6639

Inside secure command centers, military officials make life and death decisions-- but the Pentagon also offers food courts, banks, drugstores, florists, and chocolate shops. It is rather symbolic of the way that the U.S. military has become our one-stop-shopping solution to global problems. Brooks traces this seismic shift in how America wages war, and provides a rallying cry for action as we undermine the values and rules that keep our world from sliding toward chaos.

Judicial Reconstruction and the Rule of Law

Reassessing Military Intervention in Iraq and Beyond

Author: Angeline Lewis

Publisher: Martinus Nijhoff Publishers

ISBN: 900422811X

Category: Law

Page: 266

View: 9003

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.

The Rule of Law

The Common Sense of Global Politics

Author: Christopher May

Publisher: Edward Elgar Publishing

ISBN: 1781008957

Category: Law

Page: 288

View: 5759

By building on and extending debates in socio-legal studies about the social role of law, and dealing with issues largely absent from international political economy this book will be of great interest to socio _ legal scholars and political economist&

Private Law and the Rule of Law

Author: Lisa M Austin,Dennis Klimchuk

Publisher: OUP Oxford

ISBN: 0191045578

Category: Law

Page: 375

View: 5792

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.

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: 7713

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.

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: 3515

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.

Exit Strategies and State Building

Author: Richard Caplan

Publisher: Oxford University Press

ISBN: 0199942706

Category: Political Science

Page: 352

View: 7951

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.

Accountability for Atrocities

National and International Responses

Author: Jane E. Stromseth

Publisher: Brill - Nijhoff

ISBN: 9781571052797

Category: Law

Page: 500

View: 9795

This book examines critical challenges in achieving accountability for genocide, crimes against humanity, and war crimes, focussing in particular on the relationship between national and international accountability mechanisms in pursuing key goals over the past decade. The essays in this volume provide an in-depth look at the goals and mechanisms of accountability in a variety of cases: the former Yugoslavia; Rwanda; Sierra Leone; Cambodia; Argentina and El Salvador; East Timor and Indonesia; and Belgium's prosecution of war crimes under its universal jurisdiction law. By analyzing the goals pursued in each case, the relationship between domestic and international mechanisms, the relative emphasis on criminal and non-criminal forms of accountability, and the effectiveness of the chosen approaches, this volume offers important lessons for the ICC and highlights the continuing need for innovative forms of international assistance to advance specific accountability goals in particular countries. Published under the Transnational Publishers imprint.

Civil war and the rule of law

security, development, human rights

Author: Agnès G. Hurwitz,Reyko Huang

Publisher: Lynne Rienner Pub

ISBN: N.A

Category: History

Page: 351

View: 6883

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.

International Law

Norms, Actors, Process

Author: Jeffrey L. Dunoff,Steven R. Ratner,David Wippman

Publisher: Wolters Kluwer Law & Business

ISBN: 1454860952

Category: Law

Page: 960

View: 1249

Written by some of the leading International Law scholars in the nation, this casebook employs a unique problem-based approach to examining international issues. Using real life teaching problems, the text explores the processes of international lawmaking with an interdisciplinary approach that goes beyond mere doctrinal explanation. The Fourth Edition includes new court decisions and expanded coverage of international crises. With comprehensive and well-balanced coverage, this casebook provides a captivating context in which students can define and understand contemporary international law.

Peace and Democratic Society

Author: Amartya Sen

Publisher: Open Book Publishers

ISBN: 1906924392

Category: Political Science

Page: 155

View: 7874

Civil Paths to Peace contains the analyses and findings of the Commonwealth Commission on Respect and Understanding, established in response to the 2005 request of Commonwealth Head of Government for the Commonwealth Secretary-General to 'explore initiatives to promote mutual understanding and respect among all faiths and communities in the Commonwealth.' This report focuses particularly on the issues of terrorism, extremism, conflict and violence, which are much in ascendancy and afflict Commonwealth countries as well as the rest of the world. It argues that cultivating respect and understanding is both important in itself and consequential in reducing violence and terrorism. It further argues that cultivated violence is generated through fomenting disrespect and fostering confrontational misunderstandings. The report looks at the mechanisms through which violence is cultivated through advocacy and recruitment, and the pre-existing inequalities, deprivations and humiliations on which those advocacies draw. These diagnoses also clear the way for methods of countering disaffection and violence. In various chapters the different connections are explored and examined to yield general policy recommendations. Accepting diversity, respecting all human beings, and understanding the richness of perspectives that people have are of great relevance for all Commonwealth countries, and for its 1.8 billion people. They are also importance for the rest of the world. The civil paths to peace are presented here for use both inside the Commonwealth and beyond its boundaries. The Commonwealth has survived and flourished, despite the hostilities associated with past colonial history, through the use of a number of far-sighted guiding principles. The Commission argues that those principles have continuing relevance today for the future of the Commonwealth--and also for the world at large.

Rule of law promotion

global perspectives, local applications

Author: Per Bergling,Jenny Ederlöf,Veronica L. Taylor

Publisher: Lustu Forlag

ISBN: N.A

Category: Law

Page: 377

View: 8259


The Internationalists

How a Radical Plan to Outlaw War Remade the World

Author: Oona A. Hathaway,Scott J. Shapiro

Publisher: Simon and Schuster

ISBN: 150110988X

Category: History

Page: 608

View: 1140

“An original book…about individuals who used ideas to change the world” (The New Yorker)—the fascinating exploration into the creation and history of the Paris Peace Pact, an often overlooked but transformative treaty that laid the foundation for the international system we live under today. In 1928, the leaders of the world assembled in Paris to outlaw war. Within the year, the treaty signed that day, known as the Peace Pact, had been ratified by nearly every state in the world. War, for the first time in history, had become illegal. But within a decade of its signing, each state that had gathered in Paris to renounce war was at war. And in the century that followed, the Peace Pact was dismissed as an act of folly and an unmistakable failure. This book argues that the Peace Pact ushered in a sustained march toward peace that lasts to this day. A “thought-provoking and comprehensively researched book” (The Wall Street Journal), The Internationalists tells the story of the Peace Pact through a fascinating and diverse array of lawyers, politicians, and intellectuals. It reveals the centuries-long struggle of ideas over the role of war in a just world order. It details the brutal world of conflict the Peace Pact helped extinguish, and the subsequent era where tariffs and sanctions take the place of tanks and gunships. The Internationalists is “indispensable” (The Washington Post). Accessible and gripping, this book will change the way we view the history of the twentieth century—and how we must work together to protect the global order the internationalists fought to make possible. “A fascinating and challenging book, which raises gravely important issues for the present…Given the state of the world, The Internationalists has come along at the right moment” (The Financial Times).