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The Role of International Law in Rebuilding Societies after Conflict

The Role of International Law in Rebuilding Societies after Conflict Great Expectations

Author: Brett Bowden; Hilary Charlesworth; Jeremy Farrall
Publisher: Cambridge University Press
ISBN: 9781107406643
Published In: January 2013
Format: Paperback , 348 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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International law can create great expectations in those seeking to rebuild societies that have been torn apart by conflict. For outsiders, international law can mandate or militate against intervention, bolstering or undermining the legitimacy of intervention. International legal principles promise equality, justice and human rights. Yet international law's promises are difficult to fulfil. This volume of essays, first published in 2009, investigates the phenomenon of post-conflict state-building and the engagement of international law in this enterprise. It draws together original essays by scholars and practitioners who consider the many roles international law can play in rehabilitating societies after conflict. The essays explore troubled zones across the world, from Afghanistan to Africa's Great Lakes region, and from Timor-Leste to the Balkans. They identify a range of possibilities for international law in tempering, regulating, legitimating or undermining efforts to rebuild post-conflict societies.

• Explains the theoretical and practical dilemmas confronted when international actors seek to promote democracy, justice, human rights and the rule of law in post-conflict environments

• Draws on case studies which cover much of the globe, meaning the book will have appeal beyond specific 'area studies' or 'regional studies'

• Contributors include scholars and practitioners, making the book accessible to both scholars with an interest in the field and those engaged in the state-building enterprise

Contributors	vii
Preface	xiii
Abbreviations	xv
Introduction Brett Bowden, Hilary Charlesworth and Jeremy Farrall	1
1 The ‘state-building enterprise’: Legal doctrine, progress narratives and managerial governance Outi Korhonen	15
2 Democratisation, state-building and politics as technology Nehal Bhuta	38
3 International law, human rights and the transformative occupation of Iraq Peter G. Danchin	64
4 Defining democracy in international institutions Brett Bowden and Hilary Charlesworth	90
5 Democracy and legitimation: Challenges in the reconstitution of political processes in Afghanistan William Maley	111
6 Impossible expectations? The UN Security Council’s promotion of the rule of law after conflict Jeremy Farrall	134
7 Legal pluralism and the challenge of building the rule of law in post-conflict states: A case study of Timor-Leste Laura Grenfell	157
8 From paper to practice: The role of treaty ratification post-conflict Helen Durham	177
9 Selective universality? Human-rights accountability of the UN in post-conflict operations Annemarie Devereux	198
10 ‘Security starts with the law’: The role of international law in the protection of women’s security post-conflict Amy Maguire	218
11 Grappling in the Great Lakes: The challenges of international justice in Rwanda, the Democratic Republic of Congo and Uganda Phil Clark	244
Conclusion: Hope and humility for weavers with international law John Braithwaite	270
Select Bibliography	289
Index	315