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

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Overview

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 its legitimacy. International legal principles promise equality, justice and human rights. Yet international law's promises are difficult to fulfil.

This volume of essays 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.

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Editorial Reviews

From the Publisher
Review of the hardback: 'This timely collective work addresses the important question of what role international law plays in post-conflict reconstruction ... By presenting a range of perspectives, and even conflicting views, this book appropriately portrays this theme in its complexity and fosters understanding and debate about it. Therein lay its strengths.' The Journal of the Institute of International and Comparative Law
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Product Details

  • ISBN-13: 9780521509947
  • Publisher: Cambridge University Press
  • Publication date: 5/31/2009
  • Pages: 346
  • Product dimensions: 6.10 (w) x 9.00 (h) x 0.80 (d)

Meet the Author

Brett Bowden is a Senior Lecturer in Politics in the School of Humanities and Social Sciences at the University of New South Wales at the Australian Defence Force Academy.

Hilary Charlesworth is an Australian Research Council Federation Fellow and Director of the Centre for International Governance and Justice, Australian National University.

Jeremy Farrall is a Research Fellow at the Centre for International Governance and Justice, Australian National University.

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Table of Contents

Contributors page vii

Preface xiii

Abbreviations xv

Introduction Brett Bowden Hilary Charlesworth 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

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