International Law and Transitional Governance: Critical Perspectives, 1st Edition (Hardback) book cover

International Law and Transitional Governance

Critical Perspectives, 1st Edition

Edited by Emmanuel H. D. De Groof, Micha Wiebusch

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208 pages | 3 B/W Illus.

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Hardback: 9780367178109
pub: 2020-05-05
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Description

This volume examines the role of international law in shaping and regulating transitional contexts, including the institutions, policies and procedures that have been developed to steer constitutional regime changes in countries affected by catalytic events.

The book offers a new perspective on the phenomenon of conflict-related transitions, whereby societies are re-constitutionalized through a set of interim governance arrangements subject to variable degrees of internationalization. Specifically, this volume interrogates the relevance, contribution and perils of international law for this increasingly widespread phenomenon of inserting an auxiliary phase between two ages of constitutional government. It develops a more nuanced understanding of the various international legal discourses surrounding conflict- and political crisis-related transitional governance by studying the contextual factors that influence the transitional arrangements themselves, with a specific focus on international aspects, including norms, actors and related forms of expertise. In doing so, the book builds an important bridge between comparative constitutional law and international legal scholarship in the practical and highly dynamic terrain of transitional governance.

This book will be of much interest to practitioners and students of international law, diplomacy, mediation, security studies and International Relations.

Table of Contents

Preface

1. Introduction Emmanuel De Groof and Micha Wiebusch

2. The Features of Transitional Governance Emmanuel De Groof and Micha Wiebusch

3. Contextualizing Conflict-Related Transitional Governance Since 1989 Adam Day and David M. Malone

4. Constituting Transitions: Predicting Unpredictability Christine Bell and Robert A. Forster

5. No Strings Attached? Constraints on External Advice in Internationalized Constitution-Making Sumit Bisarya

6. The gap between international legitimacy and legality of transitional regimes Noam Wiener

7. Legitimising transitional authorities through the international law of self-determination Matthew Saul

8. The End(s) of Transition Zinaida Miller

9. The Ambitions and Traumas of Transitional Governance: Expelling Colonialism, Replicating Colonialism Vasuki Nesiah

10. The Future(s) of Transitional Governance and International Law Emmanuel De Groof and Micha Wiebusch

About the Editors

Emmanuel De Groof works in diplomacy for the Belgian Ministry of Foreign Affairs, and remains active in academia as an associate researcher at the University of Edinburgh, a guest lecturer at the University of Maastricht, and a visiting professor at the University of Kigali. He is author of State Renaissance for Peace – Transitional Governance under International Law (2020).

Micha Wiebusch is a senior legal officer at the African Court on Human and Peoples’ Rights, Arusha, Tanzania. He is also an associate research fellow at the United Nations University Institute on Comparative Regional Integration Studies (UNU-CRIS), an associate researcher at the Institute of Development Policy (IOB), University of Antwerp, and a research fellow at SOAS, University of London, School of Law.

About the Series

Law, Conflict and International Relations

Since the end of the Cold War, the place of law in international politics has been hotly contested, even as in practice legal rules and actors have become increasingly important.  Nowhere has this been more evident than in the role of law in armed conflict, peacemaking, and peacebuilding. This series will bring together cutting-edge, interdisciplinary scholarship on law, conflict, and international politics, encompassing the fields of international criminal law, international human rights law, and international humanitarian law, and law relating to the use of force, and conflict prevention, resolution, peacemaking, and peacebuilding, and resort to the use of force. 

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Subject Categories

BISAC Subject Codes/Headings:
HIS027000
HISTORY / Military / General
LAW051000
LAW / International
POL011000
POLITICAL SCIENCE / International Relations / General
POL012000
POLITICAL SCIENCE / Political Freedom & Security / International Security
POL034000
POLITICAL SCIENCE / Peace
POL035010
POLITICAL SCIENCE / Political Freedom & Security / Human Rights
POL048000
POLITICAL SCIENCE / Intergovernmental Organizations