CAN MIGHT MAKE RIGHTS BUILDING THE RULE OF LAW AFTER MILITARY INTERVENTIONS

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Can Might Make Rights

Author : Jane Stromseth
ISBN : 9781139458702
Genre : Law
File Size : 50.89 MB
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This book looks at why it's so difficult to create 'the rule of law' in post-conflict societies such as Iraq and Afghanistan, and offers critical insights into how policy-makers and field-workers can improve future rule of law efforts. A must-read for policy-makers, field-workers, journalists and students trying to make sense of the international community's problems in Iraq and elsewhere, this book shows how a narrow focus on building institutions such as courts and legislatures misses the more complex cultural issues that affect societal commitment to the values associated with the rule of law. The authors place the rule of law in context, showing the interconnectedness between the rule of law and other post-conflict priorities, such as reestablishing security. The authors outline a pragmatic, synergistic approach to the rule of law which promises to reinvigorate debates about transitions to democracy and post-conflict reconstruction.
Category: Law

From War To The Rule Of Law

Author : J. J. C. Voorhoeve
ISBN : 9789053568675
Genre : Political Science
File Size : 39.9 MB
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As recent events in Iraq demonstrate, countries that have suffered civil war or rule by military regime can face a long, difficult transition to peaceful democracy. Drawing on the experiences of Bosnia, Haiti, Rwanda and Afghanistan, this outstanding volume demonstrates that newly emerging democracies need more than emergency economic support: restoring the rule of law can involve the training of a new police force, for example, or the creation of an international war crimes tribunal. Concluding with specific recommendations for the UN and EU members, Voorhoeve reminds us that disregard for human rights or delay in civilian reconciliation can lead to resurgences of violence.
Category: Political Science

Rule Of Law And Fundamental Rights

Author : Alfredo Narváez Medécigo
ISBN : 9783319245621
Genre : Law
File Size : 81.92 MB
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This book, which originated from the broadly held view that there is a lack of Rule-of-law in Mexico, and from the emphasis of traditional academia on cultural elements as the main explanation, explores the question of whether there is any relationship between the system of constitutional review ― and thus the ‘law’ as such ― and the level of Rule-of-law in a given state. To do so, it elaborates a theoretical model for achieving Rule-of-law and compares it to the constitutional review systems of the United States, the Federal Republic of Germany, and Mexico. The study concludes that the two former states correspond to the model, while the latter does not. This is fundamentally due to the role each legal system assigns to ordinary jurisdiction in carrying out constitutional review. Whereas the US and Germany have fostered the policy that constitutional review regarding the enforcement of basic rights is the responsibility of ordinary courts, Mexico has relied too heavily on the specialized constitutional jurisdiction.
Category: Law

Un Peace Operations And International Policing

Author : Charles T. Hunt
ISBN : 9781317801672
Genre : Political Science
File Size : 77.38 MB
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This book addresses the important question of how the United Nations (UN) should monitor and evaluate the impact of police in its peace operations. UN peace operations are a vital component of international conflict management. Since the end of the Cold War one of the foremost developments has been the rise of UN policing (UNPOL). Instances of UNPOL action have increased dramatically in number and have evolved from passive observation to participation in frontline law enforcement activities. Attempts to ascertain the impact of UNPOL activities have proven inadequate. This book seeks to redress this lacuna by investigating the ways in which the effects of peace operations – and UNPOL in particular – are monitored and evaluated. Furthermore, it aims to develop a framework, tested through field research in Liberia, for Monitoring and Evaluation (M&E) that enables more effective impact assessment. By enhancing the relationship between field-level M&E and organisational learning this research aims to make an important contribution to the pursuit of more professional and effective UN peace operations. This book will be of much interest to students of peace operations, conflict management, policing, security studies and IR in general.
Category: Political Science

Getting To The Rule Of Law

Author : James E. Fleming
ISBN : 9780814728444
Genre : Political Science
File Size : 42.15 MB
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The rule of law has been celebrated as “an unqualified human good," yet there is considerable disagreement about what the ideal of the rule of law requires. When people clamor for the preservation or extension of the rule of law, are they advocating a substantive conception of the rule of law respecting private property and promoting liberty, a formal conception emphasizing an “inner morality of law,” or a procedural conception stressing the right to be heard by an impartial tribunal and to make arguments about what the law is? When are exertions of executive power “outside the law” justified on the ground that they may be necessary to maintain or restore the conditions for the rule of law in emergency circumstances, such as defending against terrorist attacks? In Getting to the Rule of Law a group of contributors from a variety of disciplines address many of the theoretical legal, political, and moral issues raised by such questions and examine practical applications “on the ground” in the United States and around the world. This timely, interdisciplinary volume examines the ideal of the rule of law, questions when, if ever, executive power “outside the law” is justified to maintain or restore the rule of law, and explores the prospects for and perils of building the rule of law after military interventions.
Category: Political Science

The Irish Yearbook Of International Law Volume 2 2007

Author : Jean Allain
ISBN : 9781847315137
Genre : Law
File Size : 73.81 MB
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The Irish Yearbook of International Law is intended to stimulate further research into Ireland's practice in international affairs and foreign policy, filling a gap in existing legal scholarship and assisting in the dissemination of Irish thinking and practice on matters of international law. On an annual basis, the Yearbook presents peer-reviewed academic articles and book reviews on general issues of international law. Designated correspondents provide reports on international law developments in Ireland, Irish practice in international fora and the European Union, and the practice of joint North-South implementation bodies in Ireland. In addition, the Yearbook reproduces documents that reflect Irish practice on contemporary issues of international law. Publication of the Irish Yearbook of International Law makes Irish practice and opinio juris more readily available to Governments, academics and international bodies when determining the content of international law. In providing a forum for the documentation and analysis of North-South relations the Yearbook also make an important contribution to post-conflict and transitional justice studies internationally. As a matter of editorial policy, the Yearbook seeks to promote a multilateral approach to international affairs, reflecting and reinforcing Ireland's long-standing commitment to multilateralism as a core element of foreign policy.
Category: Law

Peacebuilding And Rule Of Law In Africa

Author : Chandra Lekha Sriram
ISBN : 9781136948756
Genre : Political Science
File Size : 41.97 MB
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This text brings together expert practitioners and scholars in African politics, law, and conflict and peacebuilding to examine the expanding international efforts to promote rule of law in countries emerging from violent conflict, focusing specifically upon experiences in Africa.
Category: Political Science

Private Law And The Rule Of Law

Author : Lisa M Austin
ISBN : 9780191045578
Genre : Law
File Size : 68.68 MB
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The rule of law is widely perceived to be a public law doctrine, concerned with the way in which governmental authority conforms to the dictates of law. The goal of this book is to challenge this presumption. The chapters in this volume all consider the idea that the rule of law concerns the nature of law generally and the conditions under which any relationship - that among citizens as well as that between citizens and the state - becomes subject to law. Addressing two major questions, they ask if our understanding of the rule of law is enriched by considering how and to what degree it is expressed or realized in private law, and whether our understanding of the private law is enriched by adding the principles of the rule of law to the traditional list of core private law concepts. Bringing together leading philosophers of private and public law, this volume examines key questions in a little-explored field, and will be essential reading for all those interested in the rule of law and in private law theory.
Category: Law

Exit Strategies And State Building

Author : Richard Caplan
ISBN : 9780199942701
Genre : Political Science
File Size : 45.87 MB
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In the past two decades, states and multilateral organizations have devoted considerable resources toward efforts to stabilize peace and rebuild war-torn societies in places such as Afghanistan, Iraq, Kosovo, and Sierra Leone. Despite these prodigious efforts, there has been relatively little consideration of the critical questions arising from the "end game" of state-building operations. In Exit Strategies and State Building, sixteen leading scholars and practitioners focus on relevant historical and contemporary cases of exit to provide a comprehensive overview of this crucial issue. By examining the major challenges associated with the conclusion of international state-building operations and the requirements for the maintenance of peace in the period following exit, this book provides unique perspective on a critical aspect of military and political intervention. Deftly researched, Exit Strategies and State Building sheds new light on what is not merely an academic issue, but also a pressing global policy concern.
Category: Political Science

The International Law Of Occupation

Author : Eyal Benvenisti
ISBN : 9780199588893
Genre : History
File Size : 38.94 MB
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Originally published: Princeton, N.J.: Princeton University Press, 1993.
Category: History