International Law

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

Edited by Brett Bowden · Hilary Charlesworth · Jeremy Farrall
Cambridge University Press January 2013

Specifications

ISBN-13
9781107406643
Publisher
Cambridge University Press
Publication
January 2013
Format
Paperback , 348 pages
Jurisdiction
International ? Countri(es) for reference only

Details

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

Table of Contents

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

About the Author

Brett Bowden
Australian National University, Canberra

Hilary Charlesworth
Australian National University, Canberra

Jeremy Farrall
Asia-Pacific College of Diplomacy, Australian National University

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