International Law in Domestic Courts: Rule of Law Reform in Post-Conflict States

2011 ◽  
Author(s):  
Edda Kristjansdottir ◽  
Andre Nollkaemper ◽  
Cedric Ryngaert
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
Law Reform ◽  
Post Conflict ◽  
Domestic Courts

Stakeholder Theory and Justice Issues: The Leap from Business Management to Contemporary International Law

2010 ◽  
Vol 10 (2) ◽  
pp. 143-180
Author(s):  
Bronik Matwijkiw ◽  
Anja Matwijkiw
Keyword(s):  
United Nations ◽  
International Law ◽  
Stakeholder Theory ◽  
Rule Of Law ◽  
Transitional Justice ◽  
Business Management ◽  
Secretary General ◽  
The Rule Of Law ◽  
Post Conflict ◽  
The United Nations

AbstractIn this article, the two authors examine the leap from business management to contemporary international law in the context of stakeholder theory. Because stakeholder theory was developed for business management, they provide a thorough account of the original framework. Furthermore, to illustrate the theory's application as a recently adopted parameter for the United Nations, they use former Secretary-General Kofi Atta Annan's 2004-report to the Security Council, "The Rule of Law and Transitional Justice in Conflict and Post-Conflict Societies". Proceeding on the hypothesis that while all premises ultimately match traditional positions in general jurisprudence, it appears that stakeholder theory nevertheless forces the United Nations to take sides in an unprecedented manner, especially pertaining to rights-typology and the credentials-checking for this. Finally, some of the most important implications are distilled as part of an attempt to formulate a few recommendations for United Nations justice managers and administrators.

Afghanistan

2019 ◽  
pp. 674-700
Author(s):  
Veronica L. Taylor
Keyword(s):  
Twentieth Century ◽  
United Nations ◽  
International Law ◽  
Rule Of Law ◽  
Legal History ◽  
Legal Institutions ◽  
Legal Norms ◽  
Post Conflict ◽  
International Rule ◽  
Conflict Period

This chapter addresses international law in Afghanistan. States where the ‘post-conflict’ period is, in fact, a series of continuing sub-national conflicts, are often coded as ‘failed’ or ‘fragile’ and are also criticized as failing in their embrace of international law. In the case of Afghanistan, such ‘discourses of deficiency’ also erase some important legal history. For most of its history, Afghanistan has been contingent as a Westphalian state. This means that it has also had a fluid relationship with the institutions and norms of international law, including the normative discourse and practice of the international rule of law. Although Afghanistan has been a member of the United Nations since 1946, and thus a contributor to international law in the twentieth century, it is seen more as a subject of international law. After considering these issues, the chapter then highlights the complexity of Afghan’s location within, as well as its relationship with, international law, international legal institutions, and international legal norms.

Rule of Law, Security, and Transitional Justice in Fragile and Conflict-Affected Societies

2018 ◽  
Author(s):  
Anja Mihr ◽  
Chandra Sriram Lekha
Keyword(s):  
Rule Of Law ◽  
Transitional Justice ◽  
Truth Commissions ◽  
Law Reform ◽  
Security Sector ◽  
The Past ◽  
Post Conflict ◽  
Knowing That ◽  
The Many

States are expected to provide both security and justice for their citizens; one needs the other in order to work well. Yet when both are damaged or destroyed by war, state actors and outsiders alike tend to treat them as competing post-conflict priorities. Over the past twenty years, numerous processes have emerged to promote one or both, including “transitional justice”—from courts and truth commissions to community reconciliation—and programs to restore rule of law, reform the “security sector” (SSR) and disarm, demobilize, and reintegrate fighters into society (DDR). The many actors involved have just as many, sometimes competing, operational priorities, knowing that change is urgent, but necessarily long-term. This chapter examines the interaction of transitional justice, rule of law, SSR, and DDR, identifying key concepts, actors, processes, and challenges in pursuing change in each of these areas simultaneously.

Leadership and the rule of law in conflict and post-conflict societies

2019 ◽  
Vol 15 (3) ◽  
pp. 130-136 ◽  
Author(s):  
Stéphane Jean
Keyword(s):  
Rule Of Law ◽  
Law Reform ◽  
Content Type ◽  
The Rule Of Law ◽  
Leadership Challenges ◽  
Post Conflict ◽  
Culture Shift ◽  
Conflict Situations ◽  
Difficult Challenge ◽  
Leadership Dimensions

Purpose The purpose of this paper is to explore the leadership dimensions in developing the rule of law. The paper considers the perspective from the United Nations, with the leadership tension is primarily seen from the prism of the rule of law. Design/methodology/approach This paper explores the leadership challenges in specific recent case studies. Findings The paper concludes that the most difficult challenge is a culture shift toward respect for the rule of law is required. The paper notes the importance of political leadership in developing consensus. Originality/value The challenge is that the implementation of rule of law reform is primarily a political endeavor that affects the balance of powers within the State. This need for leaders to develop the space for institutions advancing the rule of law is most certainly the case in, and exacerbated by, conflict and post-conflict situations.

The Western Liberal Constitution’s Rise post 1989

2020 ◽  
pp. 183-224
Author(s):  
Vijayashri Sripati
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
Poverty Reduction ◽  
Good Governance ◽  
Development Assistance ◽  
Free Markets ◽  
The Rule Of Law ◽  
Post Conflict ◽  
Law And Policy ◽  
Bretton Woods Institutions

This chapter analyses United Nations Constitutional Assistance’s post-1989 rise, setting the stage for Chapter 6. It traces the Constitution’s internationalization from 1950, focussing on its conceptualization after 1989, as a rule of law strategy, and from 1999 onwards, as a ‘development’ understood as a ‘market-oriented poverty reduction’ strategy. It establishes that the Constitution, so conceptualized by the UN and the Bretton Woods Institutions was promoted in two contexts: post-conflict and development assistance. It was promoted ostensibly to achieve international law and policy ends: free markets, good governance, the rule of law and women’s rights. How the UN Development Programme melds constitutional assistance with development assistance to achieve international law and policy ends, receives focal attention. This chapter concludes that the good governance story is not about the promotion of the ‘rule of law’ or ‘development.’ Rather, it is about the internationalization of the Constitution subsumed under the ‘rule of law.’

International and Foreign Law in Domestic Constitutional Law

2021 ◽  
pp. 373-392
Author(s):  
Muna Ndulo
Keyword(s):  
United States ◽  
South Africa ◽  
International Law ◽  
Constitutional Law ◽  
World Wide ◽  
The United States ◽  
Post Conflict ◽  
Foreign Law ◽  
Domestic Courts

This chapter illustrates the role of international and foreign law in domestic constitutional law. Through the case analysis of South Africa (a post conflict state) and the United States (often seen as a country that is not too friendly to international and foreign legal systems), it discusses the role of international and foreign law in reconciling the regional development of the rule of law in a country, by working closely together with domestic constitutional law. The domestic courts both in the United States and South Africa, whenever they deem it appropriate, do consider international and foreign law in the resolution of disputes before them. The conditions under which each jurisdiction may resort to foreign or international law, as well as the criteria used for taking them into consideration, vary. However, most importantly, this practice should be encouraged as it promotes the uniform interpretation of international law and the progressive advancement of norms world-wide, which are aspects that are especially important in the field of human rights.

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