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Post-conflict Administrations in International Law

Post-conflict Administrations in International Law
Author: Eric de Brabandere
Publisher: BRILL
Total Pages: 352
Release: 2009-04-24
Genre: Law
ISBN: 9004180826

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Drawing on the context in which the administration of territory by international actors has resurfaced, and on the legal framework applicable to post-conflict administrations and peace-building operations, this book analyses the practice of the reconstruction processes in Kosovo, East Timor, Afghanistan and Iraq.


International Law and Post-Conflict Reconstruction Policy

International Law and Post-Conflict Reconstruction Policy
Author: Matthew Saul
Publisher: Routledge
Total Pages: 355
Release: 2015-05-15
Genre: Law
ISBN: 1317669916

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The trend for international engagement in post-conflict reconstruction has produced a host of best-practice postulates on topics such as local involvement in decision-making, accountability for past atrocities, sensitivity to context, and the construction of democratic institutions of governance. International law has potential relevance for many of these themes, yet the question of how the implementation of best-practice policy recommendations might be affected by international law remains under-examined. This book offers a fuller understanding of the role of international law in the practice of post-conflict reconstruction. It explores how international legal issues that arise in the post-conflict period relate to a number of strands of the policy debate, including government creation, constitution-making, gender policy, provision of security, justice for past atrocities, rule of law development, economic recovery, returning displaced persons, and responsibilities of international actors. The chapters of the book work to reveal the extent to which international law figures in the policy of internationally enabled post-conflict reconstruction across a range of sectors. They also highlight the scope for international law to be harnessed in a more effective manner from the perspective of the transition to peace and stability. The book lays out a basis for future policy making on post-conflict reconstruction; one that is informed about the international legal parameters, and more aware of how international law can be utilized to promote key objectives.


Post-Conflict Rebuilding and International Law

Post-Conflict Rebuilding and International Law
Author: Ray Murphy
Publisher: Routledge
Total Pages: 546
Release: 2017-03-02
Genre: Law
ISBN: 1351909673

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This volume presents the research analysis of a range of scholars and experts on post conflict peacebuilding and international law from a variety of perspectives and missions. The selected essays show that peacebuilding, like the concept of peacekeeping, is not specifically provided for in the UN Charter. They also demonstrate that the record of peacebuilding, like that of peacekeeping, is varied and while both concepts are intrinsically linked, neither lends itself to precise definition. The essays consider the historical approaches to peacebuilding such as the role played by the UN in the Congo in the early 1960s and the work of the United States and its allies in rebuilding Germany and Japan in the aftermath of World War II. Finally, essays consider the major challenge for contemporary peacebuilding operations to make international administrations accountable and to ensure the involvement of the international community in helping rebuild communities and prevent the resurgence of violence.


Popular Governance of Post-Conflict Reconstruction

Popular Governance of Post-Conflict Reconstruction
Author: Matthew Saul
Publisher: Cambridge University Press
Total Pages: 285
Release: 2014-07-24
Genre: Law
ISBN: 1107055318

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How can a population influence decision-making on post-conflict reconstruction? This book explores the international legal framework for post-conflict popular governance.


Self-Determination, International Law and Post-Conflict Reconstruction

Self-Determination, International Law and Post-Conflict Reconstruction
Author: Manuela Melandri
Publisher: Routledge
Total Pages: 258
Release: 2018-10-03
Genre: Law
ISBN: 0429880987

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The right to self-determination has played a crucial role in the process of assisting oppressed people to put an end to colonial domination. Outside of the decolonization context, however, its relevance and application has constantly been challenged and debated. This book examines the role played by self-determination in international law with regard to post-conflict state building. It discusses the question of whether self-determination protects local populations from the intervention of international state-builders in domestic affairs. With a focus on the right as it applies to the people of an independent state, it explores how self-determination concerns that arise in the post-conflict period play out in relation to the reconstruction process. The book analyses the situation in Somalia as a means of drawing out the impact and significance of the legal principle of self-determination in the process of rebuilding post-conflict institutions. In so doing, it seeks to highlight how the relevance of self-determination is often overlooked in this context.


The Oxford Handbook of International Law in Armed Conflict

The Oxford Handbook of International Law in Armed Conflict
Author: Andrew Clapham
Publisher:
Total Pages: 1009
Release: 2014-03
Genre: History
ISBN: 0199559694

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Written by a team of distinguished and internationally renowned experts, this Oxford Handbook gives an analytical overview of international law as it applies in armed conflicts. The Handbook draws on international humanitarian law, human rights law, and the law of neutrality to provide a comprehensive picture of the status of law in war.


International Law and Armed Conflict

International Law and Armed Conflict
Author: Lauroe R. Blank
Publisher: Aspen Publishing
Total Pages: 486
Release: 2021-07-30
Genre: Law
ISBN: 1543835546

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The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. International Law and Armed Conflict: Fundamental Principles and Contemporary Challenges in the Law of War uses vivid stories and cases to bring basic principles of law and current challenges to life in the classroom. With over 50 years’ combined experience and expertise teaching and working in the military, think tanks, nongovernmental organizations, and academia, Laurie R. Blank and Gregory P. Noone create a complete framework for understanding the law and policy applicable in times of armed conflict, tying in coverage of human rights and national security law. New to the Second Edition: New technologies and the law of armed conflict, including cyber, unmanned aerial vehicles, and autonomous weapons systems The conflict in Syria, including ISIS, genocide, and chemical weapons attacks Humanitarian assistance and the challenges of protecting the civilian population in urban conflicts Contemporary debates regarding detention in non-international armed conflict, human rights law, and targeted killing Key benefits for professors and students: Real-life stories, vignettes, and hypothetical scenarios bring focused energy to analysis and discussion of front-page issues Basic legal principles and policy inform and frame contemporary issues, as well as tomorrow’s unanswered questions and challenges Protection of civilians Contemporary weapons—lethal autonomous weapons, cyber operations, outer space Conflicts with terrorist groups Integrated coverage of related fields, such as human rights and national security law, provides a more complete picture of the legal paradigm that applies to armed conflict


Post-conflict Justice

Post-conflict Justice
Author: M. Cherif Bassiouni
Publisher: Brill Nijhoff
Total Pages: 0
Release: 2002
Genre: Criminal justice, Administration of
ISBN: 9781571051530

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Thirty scholars and experts discuss and provide wide-ranging views on a variety of accountability measures: the establishment of ad hoc criminal tribunals for the Former Yugoslavia and Rwanda; truth commissions in South Africa and El Salvador; and lustration laws for the former Czechoslovakia and Germany after its reunification. Also discussed are amnesty for previous crimes and accountability, post-conflict justice involving issues pertaining to the restoration of law and order, and the rebuilding of failed national justice systems. In addition, the book also contains an important set of guidelines designed to achieve accountability and eliminate impunity. The guidelines with commentaries have been prepared by a distinguished group of experts, many of whom have also contributed articles to this volume. Published under the Transnational Publishers imprint.


The Role of International Law in Rebuilding Societies after Conflict

The Role of International Law in Rebuilding Societies after Conflict
Author: Brett Bowden
Publisher: Cambridge University Press
Total Pages: 0
Release: 2012-08-16
Genre: Law
ISBN: 9781107406643

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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 the legitimacy of intervention. 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.


The Legal Status of Territories Subject to Administration by International Organisations

The Legal Status of Territories Subject to Administration by International Organisations
Author: Bernhard Knoll
Publisher: Cambridge University Press
Total Pages: 521
Release: 2008-06-12
Genre: Law
ISBN: 113947278X

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The international community's practice of administering territories in post-conflict environments has raised important legal questions. Using Kosovo as a case study, Bernhard Knoll analyses the identity of the administrating UN organ, the ways in which the territories under consideration have acquired partial subjectivity in international law and the nature of legal obligations in the fiduciary exercise of transitional administration developed within the League of Nations' Mandate and the UN Trusteeship systems. Knoll discusses Kosovo's internal political and constitutional order and notes the absence of some of the characteristics normally found in liberal democracies, before proposing that the UN consolidates accountability guidelines related to the protection of human rights and the development of democratic standards should it engage in the transitional administration of territory.