United Nations Justice: Legal and Judicial Reform in Governance Operations

Overview

At the end of the twentieth century, and at the dawn of the twenty-first, the United Nations was tasked with the administration of justice in territories placed under its executive authority, an undertaking for which there was no established precedent or doctrine. Examining the UN's legal and judicial reform efforts in Kosovo and East Timor, this book argues that rather than helping to establish a sustainable legal system, the UN's approach detracted from it, as it confused ends with means. In the process, ...

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Overview

At the end of the twentieth century, and at the dawn of the twenty-first, the United Nations was tasked with the administration of justice in territories placed under its executive authority, an undertaking for which there was no established precedent or doctrine. Examining the UN's legal and judicial reform efforts in Kosovo and East Timor, this book argues that rather than helping to establish a sustainable legal system, the UN's approach detracted from it, as it confused ends with means. In the process, justice standards were sacrificed for the sake of prosecutions; the legal vacuum was not filled effectively; the UN's desire to create functioning courts exceeded its efforts to deal with detainees; local ownership was erroneously regarded as a means to the end of achieving a sustainable legal system; and the UN's adoption of rights standards unsuited to the circumstances led it to break its own laws. As a result, instead of easing key tensions at the heart of governance operations, the UN's approach aggravated them.

Offering the first full account of the UN's endeavours with the administration of justice in governance operations and suggesting methods by which these efforts can be improved upon, United Nations Justice will be of interest to academics and practitioners in law, political science, ethics and applied philosophy, and transitional justice.

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Product Details

  • ISBN-13: 9789280811735
  • Publisher: United Nations University Press
  • Publication date: 3/30/2010
  • Pages: 304
  • Product dimensions: 6.10 (w) x 9.20 (h) x 0.40 (d)

Meet the Author

Calin Trenkov-Wermuth is a visiting fellow at the European Union Institute for Security Studies in Paris. He holds a Ph.D. in international relations from the University of Cambridge, where he also taught politics.

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Table of Contents

Acknowledgements x

Abbreviations xiv

Introduction 1

1 Legal and judicial reform and the United Nations: Early practice and assumptions 15

2 Introduction to the case studies: Assessment criteria, case study guidelines and case selection 33

3 The UN Interim Administration Mission in Kosovo 50

4 The UN Transitional Administration in East Timor 95

5 Legal and judicial reform reconsidered 151

Conclusion 182

References 190

Treaties 208

Index 210

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