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You, the People: The United Nations, Transitional Administration, and State-Building
     

You, the People: The United Nations, Transitional Administration, and State-Building

by Simon Chesterman
 

ISBN-10: 0199263485

ISBN-13: 9780199263486

Pub. Date: 05/20/2004

Publisher: Oxford University Press

Transitional administrations represent the most complex operations attempted by the United Nations. The missions in Kosovo (1999-) and East Timor (1999-2002) are commonly seen as unique in the history of the United Nations. But they may also be seen as the latest in a series of operations that have involved the United Nations in 'state-building' activities, in which

Overview

Transitional administrations represent the most complex operations attempted by the United Nations. The missions in Kosovo (1999-) and East Timor (1999-2002) are commonly seen as unique in the history of the United Nations. But they may also be seen as the latest in a series of operations that have involved the United Nations in 'state-building' activities, in which it has attempted to develop the institutions of government by assuming some or all of those sovereign powers on a temporary basis. Viewed in the light of earlier UN operations, such as those in Namibia (1989-1990), Cambodia (1992-1993), and Eastern Slavonia (1996-1998), the idea that these exceptional circumstances may not recur is somewhat disingenuous. The need for policy research in this area was brought into sharp focus by the weighty but vague responsibilities assigned to the United Nations in Afghanistan (2002-) and its contested role in Iraq (2003-).

This book seeks to fill that gap. Aimed at policy-makers, diplomats, and a wide academic audience (including international relations, political science, international law, war studies and development studies), the book provides a concise history of transitional administration and a treatment of the five key issues confronting such operations: peace and security, the role of the United Nations as government, establishing the rule of law, economic reconstruction, and exit strategies. Research for the book has been conducted through extensive field research and interviews with key UN staff and local representatives in almost all of the territories under consideration. The unifying theme is that, while the ends of transitional administration may be idealistic, the means cannot be.

Essential for: Scholars and students of politics and international relations, especially those interested in UN state-building operations, international law, democracy studies, conflict resolution, and globalization.

Product Details

ISBN-13:
9780199263486
Publisher:
Oxford University Press
Publication date:
05/20/2004
Series:
Project of the International Peace Acade
Pages:
320
Product dimensions:
9.30(w) x 6.20(h) x 1.00(d)

Table of Contents

Acknowledgementsxvii
Abbreviationsxx
Introduction1
1Colonies and Occupied Territories: Transitional Administration Through the Twentieth Century11
1The League of Nations13
1.1The Mandates System14
1.2Administration by the League Under the Treaty of Versailles18
1.2.1The Saar Basin, 1920-193518
1.2.2Free City of Danzig, 1920-193920
1.2.3Upper Silesia Mixed Commission, 1922-193721
1.3Other Quasi-Administrative Activity by the League22
1.3.1Memel Harbour Board, 1924-193923
1.3.2Leticia, 1933-193424
2Allied Occupation of Germany, 1945-194925
2.1Political Reconstruction26
2.2War Crimes Trials31
2.3The Marshall Plan35
3The United Nations and Decolonization37
3.1The International Trusteeship System38
3.2Non-Self-Governing Territories41
4Conclusion44
2Power and Change: The Evolution of United Nations Complex Peace Operations48
1Security Council Administration of Territory in Theory and in Practice49
1.1The Power of the Council to Administer Territory50
1.1.1Free Territory of Trieste, 1947 (Never Implemented)50
1.1.2The Statute of Jerusalem, 1947 (Never Implemented)52
1.2Reaction and Improvisation54
2Forms of Transition56
2.1Decolonization58
2.1.1Namibia, 1989-199058
2.1.2East Timor (Timor-Leste), 1999-200260
2.2Transfer of Territory64
2.2.1West New Guinea (Papua), 1962-196365
2.2.2Western Sahara, 1991-68
2.2.3Eastern Slavonia (Danube Region of Croatia), 1996-199870
2.3Elections72
2.3.1Cambodia, 1992-199373
2.4Peace Process75
2.4.1Bosnia and Herzegovina, 1995-76
2.4.2Kosovo, 1999-79
2.5State Failure83
2.5.1Congo, 1960-196483
2.5.2Somalia, 1993-199584
2.5.3Sierra Leone, 1999-86
3State-Building and the War on Terror87
3.1Afghanistan and the 'Light Footprint'88
3.2Operation Iraqi Freedom92
4Conclusion97
3Peace and Security: The Use of Force to Maintain Law and Order99
1The Use of Force in Peace Operations101
1.1From Self-Defence to Defence of the Mission103
1.2Peacekeeping After the End of the Cold War106
2Emergency Law and Order112
2.1Law and Order in UN Peace Operations113
2.2The Need for Doctrine118
2.3Model Rules of Engagement121
3Conclusion122
4Consultation and Accountability: Building Democracy Through Benevolent Autocracy126
1Consultation with Local Actors128
1.1Consultation in the Balkans128
1.1.1Bosnia and Herzegovina129
1.1.2Eastern Slavonia131
1.1.3Kosovo132
1.2Consultation in East Timor135
1.2.1Experimentation and Resignation135
1.2.2A Constitution for Timor-Leste140
1.3Consultation and Responsibility143
2Accountability of International Actors145
2.1Existing Mechanisms146
2.1.1Kosovo147
2.1.2East Timor149
2.2Do as I Say, Not as I Do150
2.3Other Forms of Accountability151
3Conclusion152
5Justice and Reconciliation: The Rule of Law in Post-Conflict Territories154
1No Justice Without Peace?156
2Kosovo: Justice in Limbo165
2.1Applicable Law166
2.2Executive Detentions167
2.3Kosovo in Limbo168
3East Timor: Post-Colonial Justice169
3.1'Timorizing' the Judiciary170
3.2Infrastructure and Support171
3.3Serious Crimes172
3.4East Timor in Transition174
4Afghanistan: Justice and the 'Light Footprint'174
4.1Applicable Law175
4.2Human Rights and Transitional Justice176
4.3Justice Sector178
4.4Tiptoeing Through Afghanistan180
5Conclusion180
6Relief and Reconstruction: The Politics of Humanitarian and Development Assistance183
1Charity with Interest185
1.1The Purposes of Assistance187
1.2Disbursement of Funds189
1.3Donor Policies191
2Ownership196
2.1Trust Funds196
2.2Local Control in Afghanistan198
3Perverse Effects200
4Conclusion202
7Elections and Exit Strategies: No Exit Without a Strategy, or No Strategy Without an Exit?204
1Timing of Elections206
2Institutions and Processes210
2.1Constitutional Structures211
2.2Electoral Systems215
2.2.1Proportional Representation and Preference Swapping215
2.2.2Quotas216
2.2.3Form and Substance218
2.3Political Parties221
3Elections, Exits, and Strategies223
3.1Evaluating the Cambodian Elections224
3.2Politics As Process: Kosovo226
3.3Democracy in East Timor231
4Conclusion233
8'You, the People': The Future of State-Building236
1Contradictions of Transitional Administration238
1.1Inconsistent239
1.2Inadequate244
1.3Irrelevant247
2State-Building and Empire249
2.1Nation-Building and the National Interest249
2.2The Indispensable Nation253
3Conclusion256
AppendixPeace Operations with Civilian Administration Functions258
Bibliography260
1Treaties260
2Selected UN Documents262
3Selected Reports266
4Books and Periodicals270
Index286

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