Promoting The Rule Of Law In Post Conflict States

Author : Laura Grenfell
Publisher : Cambridge University Press
Page : 331 pages
File Size : 45,5 Mb
Release : 2013-07-11
Category : Law
ISBN : 9781107067516

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Promoting the Rule of Law in Post-Conflict States by Laura Grenfell Pdf

In most post-conflict states, a strong level of legal pluralism is the norm, particularly in regions of Africa and Asia where between eighty and ninety per cent of disputes are resolved through non-state legal mechanisms. The international community, in particular the United Nations, persistently drives the re-establishment of the rule of law in war-torn areas where, traditionally, customary law is prevalent. Laura Grenfell traces the international community's evolving understanding of the rule of law in such regions and explores the implications of strong legal pluralism for the rule-of-law enterprise. Using the comparative examples of two unique case studies, South Africa and Timor-Leste, Promoting the Rule of Law in Post-Conflict States provides insight into the relationship between the rule of law and legal pluralism. Alongside these studies, the book offers a comprehensive introduction to the conceptual framework of the rule of law in the context of approaches taken by the international community.

Author : Thomas Carothers
Publisher : Brookings Institution Press
Page : 384 pages
File Size : 43,8 Mb
Release : 2010-03-01
Category : Law
ISBN : 9780870032929

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Promoting the Rule of Law Abroad by Thomas Carothers Pdf

"Over the past decade, Carothers has established himself as the leading U.S. expert on democracy promotion. He is a powerful critic not only of the nuts-and-bolts of democracy assistance but also of U.S. grand strategy overall."—SAIS Review Promoting the rule of law has become a major part of Western efforts to spread democracy and market economics around the world. Yet, although programs to foster the rule of law abroad have mushroomed, well-grounded knowledge about what factors ensure success, and why, remains scarce. In Promoting the Rule of Law Abroad, leading practitioners and policy-oriented scholars draw on years of experience—in Russia, China, Latin America, Central and Eastern Europe, the Middle East, and Africa—to critically assess the rationale, methods, and goals of rule-of-law policies. These incisive, accessible essays offer vivid portrayals and penetrating analyses of the challenges that define this vital but surprisingly little-understood field. Contributors include Rachel Belton (Truman National Security Project), Lisa Bhansali (World Bank), Christina Biebesheimer (World Bank), Thomas Carothers (Carnegie Endowment), Wade Channell, Stephen Golub, and David Mednicoff (University of Massachusetts, Amherst), Laure-Hélène Piron (Overseas Development Institute), Matthew Spence (Yale Law School), Matthew Stephenson (Harvard Law School), and Frank Upham (NYU School of Law).

Author : Padraig McAuliffe
Publisher : Edward Elgar Publishing
Page : 368 pages
File Size : 44,9 Mb
Release : 2017-03-31
Category : Electronic
ISBN : 9781783470044

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Transformative Transitional Justice and the Malleability of Post-Conflict States by Padraig McAuliffe Pdf

Despite the growing focus on issues of socio-economic transformation in contemporary transitional justice, the path dependencies imposed by the political economy of war-to-peace transitions and the limitations imposed by weak statehood are seldom considered. This book explores transitional justice’s prospects for seeking economic justice and reform of structures of poverty in the specific context of post-conflict states.

Author : Ray Murphy
Publisher : Routledge
Page : 546 pages
File Size : 52,6 Mb
Release : 2017-03-02
Category : Law
ISBN : 9781351909679

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Post-Conflict Rebuilding and International Law by Ray Murphy Pdf

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.

Author : Richard Zajac Sannerholm
Publisher : Unknown
Page : 0 pages
File Size : 52,9 Mb
Release : 2012
Category : Nation-building
ISBN : 1780680082

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Rule of Law After War and Crisis by Richard Zajac Sannerholm Pdf

Rule of law has emerged as an essential objective in assistance to post-conflict and post-crisis societies such as Somalia, Kosovo, Liberia and Egypt. This has led to a host of externally promoted programmes and projects on law reform, constitutional development and judicial training, and security sector transformation. Through UN Security Council resolutions and other means of conditionality, the rule of law is not simply promoted in post-conflict and crisis settings, but also enforced. A failure to adhere to the rule of law can result in donors withholding funds and political support. The employment of the concept as a standard and condition in state-building has national legal and political consequences. Clarity in communication on the rule of law is of great importance. This book provides a critical analysis of past and current rule of law promotion, and argues that despite past experiences of development and technical assistance, rule of law reform in war-torn and crisis societies operates in an autonomous field where best practices and lessons learned are rarely or only superficially acknowledged. Furthermore, there is a need for a reorientation of rule of law assistance to the core values of the concept in order to retain its independent and 'analytical bite', and to develop criteria that can guide reformers in the field. The author provides a comparative and systematic overview of how rule of law promotion has been put into effect and identifies challenges and opportunities for enhancing and strengthening norms, ideologies and methods for legal and judicial reform after war and crisis. About the book 'This compelling account of the role of international actors promoting rule of law in war to peace transitions argues that we have overreached. By prescribing value-laden rule of law reforms to formal justice institutions after war, we have created 'blind-spots': international actor accountability, informal and customary justice systems, and the procedures and outcomes of public administration. This important book argues that the real test of international rule of law interventions is whether they create spaces where conflict-weary citizens can demand, challenge, and participate in the creation of better local governance.' Professor Veronica L. Taylor, Australian National University and University of Washington 'In short, Sannerholm's pithy volume is an excellent primer for those interested in international rule of law reform efforts in countries emerging from war or crisis. He harbors no illusions about the challenges that these reform efforts face, and his criticisms of such efforts to date are realistic and incisive without succumbing to pessimism. Overall, Rule of Law After War and Crisis is a welcome contribution to our understanding of the foundational importance of the rule of law and the immense challenges the international community faces in establishing it where it is absent.' Kendall L. Manlove in International Law and Politics (2013) 953 About the author Richard Zajac Sannerholm holds a PhD in law and has experience in rule of law reform in post-conflict, crisis and transition countries, working as a researcher and adviser for international organizations, national agencies and non-governmental organizations. Zajac Sannerholm currently works as a researcher and project leader at the Folke Bernadotte Academy in Sweden.

Author : United Nations Office of the High Commissioner for Human Rights
Publisher : United Nations
Page : 46 pages
File Size : 55,8 Mb
Release : 2016-06-03
Category : Political Science
ISBN : 9789210576710

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Rule-of-law Tools for Post-conflict States by United Nations Office of the High Commissioner for Human Rights Pdf

Countries emerging from conflict often suffer weak or non-existent rule of law, inadequate law enforcement and justice administration capacity, and increased instances of human rights violations. This situation is often exacerbated by a lack of public confidence in State authorities and a shortage of resources. These rule-of-law tools will provide practical guidance to field missions and transitional administrations in critical transitional justice and rule of law-related areas. This publication specifically sets out basic principles and approaches to truth commissions and is intended to assist United Nations and other policymakers in advising on the development of truth-seeking mechanisms.

Author : United Nations. Office of the High Commissioner for Human Rights
Publisher : United Nations Publications
Page : 45 pages
File Size : 44,8 Mb
Release : 2008
Category : Law
ISBN : 9211541824

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Rule-of-law Tools for Post-conflict States by United Nations. Office of the High Commissioner for Human Rights Pdf

Hybrid courts are defined as courts of mixed composition and jurisdiction, encompassing both national and international aspects, usually operating within the jurisdiction where the crimes occurred. This rule-of-law policy tool aims to serve two options: first to explore the potential positive impact hybrid courts may have on the domestic justice system of post-conflict states so as to ensure a lasting legacy for the rule of law and respect for human rights; second, to examin how hybrid courts can receive the mandates and necessary political support required to be more effective in erms of legacy and capacity-buidling. This publications suggests effective and meaningful policies, processes and techniques on the interrelationship between hybrid courts and domestic courts. The suggested practices will enhance the credibility, effectiveness and impact of hybrid courts on the long-term stability and development of the domestic justice system, including respect for human rights protections, the rule of law and legal institutions.

Author : United Nations. Office of the High Commissioner for Human Rights
Publisher : United Nations Publications
Page : 39 pages
File Size : 43,9 Mb
Release : 2006
Category : Law
ISBN : 9211541727

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Rule-of-law Tools for Post-conflict States by United Nations. Office of the High Commissioner for Human Rights Pdf

Countries emerging from conflict often suffer weak or non-existent rule of law, inadequate law enforcement and justice administration capacity, and increased instances of human rights violations. This situation is often exacerbated by a lack of public confidence in State authorities and a shortage of resources. These rule-of-law tools will provide practical guidance to field missions and transitional administrations in critical transitional justice and rule of law-related areas. This publication specifically sets out basic considerations on prosecution initiatives, and is intended to assist United Nations field staff when advising on approaches to addressing the challenges of prosecuting perpetrators of crimes such as genocide, crimes against humanity and war crimes.

Author : United Nations. Office of the High Commissioner for Human Rights
Publisher : United Nations Publications
Page : 52 pages
File Size : 40,9 Mb
Release : 2006
Category : Law
ISBN : 9211541719

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Rule-of-law Tools for Post-conflict States by United Nations. Office of the High Commissioner for Human Rights Pdf

This publication, one of a series produced by the UN Office of the High Commissioner for Human Rights, sets out practical guidance to field missions and transitional administrations in critical transitional justice and rule of law-related areas. Each can stand on its own, but also fits into a coherent operational perspective. This publication focuses on issues of human rights monitoring of the justice system (as a whole and for individual institutions) through the creation of a methodological framework to identify and reinforce good practices. This framework of principles and approaches to legal systems monitoring has been drawn from previous experience and lessons learned from monitoring programmes implemented by the UN, the Organization for Security and Co-operation in Europe and NGOs, and can be adapted in the light of the particular circumstances within each post-conflict environment.

Author : Anonim
Publisher : United Nations Publications
Page : 32 pages
File Size : 45,5 Mb
Release : 2006
Category : Law
ISBN : 9211541735

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Rule-of-law Tools for Post-conflict States by Anonim Pdf

Countries emerging from conflict and crisis are vulnerable to weak or non-existent rule of law, inadequate law enforcement and justice administration capacity, and increased instances of human rights violations. This situation is often exacerbated by a lack of public confidence in State authorities and a shortage of resources. These rule-of-law tools will provide practical guidance to field missions and transitional administrations in critical transitional justice and rule of law-related areas. This publication sets out an operational framework for vetting and institutional reform and is intended to assist United Nations field staff in advising on approaches to addressing the challenges of institutional and personnel reform in post-conflict States through the creation of vetting processes that exclude from public institutions persons who lack integrity.

Author : Edda Kristjánsdóttir (oed.),André Nollkaemper,Cedric Ryngaert
Publisher : Unknown
Page : 0 pages
File Size : 48,5 Mb
Release : 2012
Category : Courts
ISBN : 1780680414

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International Law in Domestic Courts by Edda Kristjánsdóttir (oed.),André Nollkaemper,Cedric Ryngaert Pdf

States that are in transition following a violent conflict or an authoritarian past face daunting challenges in (re)establishing the rule of law. This volume examines the detailed attempts that were made in certain significant post-conflict or post-authoritarian situations to strengthen the domestic rule of law with the aid of international law. Attention is paid in particular to the empowerment of domestic courts in such situations. International law may serve these courts as a tool for reconciling the demands for new rights and responsibilities with due process and other rule of law requirements. The book contains case studies of the role of domestic courts in various post-conflict and transitional situations: the Balkans, Iraq, Afghanistan, Nepal, East Timor, Russia, South Africa, and Rwanda. Each of these case studies examines questions relating to: the exact constitutional moment that empowers domestic courts to apply international law * the range of international legal norms that are applied * the involvement of international actors in bringing about change * the contextualization of international legal norms in States in transition * tension within such States as a result of the application of international law * the legacy of domestic courts' empowerment in terms of durable rule of law entrenchment. (Series: Series on Transitional Justice - Vol. 9)

Author : Laura Grenfell
Publisher : Cambridge University Press
Page : 331 pages
File Size : 46,5 Mb
Release : 2013-07-11
Category : History
ISBN : 9781107026193

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Promoting the Rule of Law in Post-Conflict States by Laura Grenfell Pdf

Laura Grenfell critically evaluates how the rule of law is contextualized and promoted in states where customary law is prevalent.

Author : Anonim
Publisher : Unknown
Page : 0 pages
File Size : 54,5 Mb
Release : 2015
Category : Law
ISBN : 9211542081

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Rule-of-law Tools for Post-conflict States by Anonim Pdf

"Archives are vital to the successful operation and outcome of all transitional justice processes ... Most of the key records important for human rights purposes are governmental. However, important documents are also often in the possession of international intergovernmental bodies, private sector entities, and individuals. Strengthening and building capacity in the national archives system - one that is able to handle both governmental and non-governmental materials - are therefore vital steps in a transition ... When a transitional justice institution completes its work, it will have assembled a large - in some cases, extremely large - volume of records. These records are a concentrated, rich source of information for the history of the country and its people ... This rule-of-law tool for post-conflict States aims to provide guidance to United Nations field missions, transitional administrators and civil society on the management, reform, use and preservation of archives to help guarantee and enforce human rights, particularly the right to the truth."--The Introduction.

Author : United Nations. Office of the High Commissioner for Human Rights
Publisher : United Nations Publications
Page : 0 pages
File Size : 55,9 Mb
Release : 2009
Category : Human rights
ISBN : 9211541883

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Rule-of-law Tools for Post-conflict States by United Nations. Office of the High Commissioner for Human Rights Pdf

For transitional justice efforts to be effective, they must be grounded in international human rights standards. Above all, they must be human rights-based: consistently focusing on the rights and needs of victims and their families. A human rights-based approach to transitional justice demands that programmes should be designed in a context of in-depth consultation with affected communities. International human rights law requires national consultations to be undertaken. consultation can particularly benefit the design of specific aspects of transitional justice programmes, such as determining the best formal role for victims to play, highlighting the experience of otherwise neglected victim groups. In addition, national consultations can revitalize stalled or excessively slow-moving peace processes or make it difficult for peace negotiators and other decision makers to back out of their commitments to transitional justice.

Author : Anonim
Publisher : Unknown
Page : 0 pages
File Size : 53,6 Mb
Release : 2009
Category : Human rights
ISBN : OCLC:682634213

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Rule-of-law Tools for Post-conflict States by Anonim Pdf