Download Can Might Make Rights?: Building the Rule of Law after by Jane Stromseth, David Wippman, Rosa Brooks PDF

By Jane Stromseth, David Wippman, Rosa Brooks

This e-book seems at why it's so tricky to create 'the rule of law' in post-conflict societies corresponding to Iraq and Afghanistan, and provides severe insights into how policy-makers and field-workers can increase destiny rule of legislations efforts. A must-read for policy-makers, field-workers, reporters and scholars attempting to make experience of the foreign community's difficulties in Iraq and in other places, this ebook exhibits how a slim specialize in construction associations comparable to courts and legislatures misses the extra complicated cultural concerns that have an effect on societal dedication to the values linked to the rule of thumb of legislation. The authors position the rule of thumb of legislations in context, exhibiting the interconnectedness among the rule of thumb of legislation and different post-conflict priorities, corresponding to reestablishing protection. The authors define a practical, synergistic method of the rule of thumb of legislations which offers to reinvigorate debates approximately transitions to democracy and post-conflict reconstruction.

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Extra info for Can Might Make Rights?: Building the Rule of Law after Military Interventions

Sample text

If interveners want to be successful in building the rule of law after intervention, they will need to take seriously the international legal norms that, as noted earlier, will shape perceptions about whether the intervention is legitimate and worth supporting. That sense of legitimacy may be critical in building and sustaining multilateral coalitions that can help to ameliorate domestic skepticism of outside interveners in the difficult, long-term process of strengthening the rule of law after the fighting stops.

Although NATO governments could point to numerous factors that supported the legitimacy of military action, NATO states could not invoke either of the two clear, agreed legal bases for using force under the UN Charter: NATO’s use of force was neither an exercise of the right of self-defense nor authorized by the Security Council. The Kosovo crisis, in short, pitted fundamental human rights principles affirmed by the UN Charter against the Charter’s rules limiting the resort to force – confronting NATO with the dilemma of either acting without Council authorization or tolerating severe human rights abuses in a desperate and escalating humanitarian crisis in Europe.

The Security Council did forge agreement on international intervention in a significant number of cases during the 1990s, however. The Council’s authorizations in the cases of Somalia, Haiti, Bosnia, and East Timor, for instance, showed far more varied and flexible understandings of “threats to the peace” as a basis for collective action than classic aggression, even if some states were wary about moving in this direction. These authorizations underscored both the greater political latitude for agreement in the post–Cold War period and the adaptability of the Charter system to new circumstances.

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