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 : 20.14 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

Rule Of Law And Fundamental Rights

Author : Alfredo Narváez Medécigo
ISBN : 9783319245621
Genre : Law
File Size : 69.47 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

From War To The Rule Of Law

Author : J. J. C. Voorhoeve
ISBN : 9789053568675
Genre : Political Science
File Size : 72.61 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

Getting To The Rule Of Law

Author : James E. Fleming
ISBN : 9780814728444
Genre : Political Science
File Size : 87.64 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

Peacebuilding And Rule Of Law In Africa

Author : Chandra Lekha Sriram
ISBN : 9781136948756
Genre : Political Science
File Size : 50.49 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

Counter Terrorism

Author : Ana Salinas de Frías
ISBN : 9780199608928
Genre : Law
File Size : 29.34 MB
Format : PDF
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Government responses to terrorism can conflict with the protection of human rights and the rule of law. By comprehensively looking at all aspects of counter-terrorism measures from a comparative perspective, this book identifies best practices and makes clear recommendations for the future.
Category: Law

Facets And Practices Of State Building

Author : Julia Raue
ISBN : 9789004174030
Genre : Law
File Size : 20.9 MB
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Drawing on a mix of international academic and field expert work, this book presents and analyses contemporary state-building efforts. It offers studies on the theoretical and practical foundations and causes of state-building, identifies the role and responsibilities of key actors and points to vital issues which merit specific attention in state-building undertakings. The book offers lessons for the future of state-building relevant to both practitioners and the academic community.
Category: Law

Exit Strategies And State Building

Author : Richard Caplan
ISBN : 9780199942701
Genre : Political Science
File Size : 46.81 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 : 80.42 MB
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Originally published: Princeton, N.J.: Princeton University Press, 1993.
Category: History

Advancing The Rule Of Law Abroad

Author : Rachel Kleinfeld
ISBN : 0870033492
Genre : Political Science
File Size : 82.62 MB
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In the modern era, political leaders and scholars have declared the rule of law to be essential to democracy, a necessity for economic growth, and a crucial tool in the fight for security at home and stability abroad. The United States has spent billions attemptingto catalyze rule-of-law improvements within other countries. Yet despite the importance of the goal to core foreign policy needs, and the hard work of hundreds of practitioners on the ground, the track record of successful rule-of-law promotion has been paltry. In Advancing the Rule of Law Abroad, Rachel Kleinfeld describes the history and current state of reform efforts and the growing movement of second-generation reformers who view the rule of law not as a collection of institutions and laws that can be built by outsiders, but as a relationship between the state and society that must be shaped by those inside the country for lasting change. Based on research in countries from Indonesia to Albania, Kleinfeld makes a compelling case for new methods of reform that can have greater chances of success. This book offers a comprehensive overview of this growing area of policy action where diplomacy and aid meet the domestic policies of other states. Its insights into the practical methods and moral complexities of supporting reform within other countrieswill be useful to practitioners and students alike.
Category: Political Science