1st Edition

Self-Determination, International Law and Post-Conflict Reconstruction A Right in Abeyance

By Manuela Melandri Copyright 2019
    264 Pages
    by Routledge

    264 Pages
    by Routledge

    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.

     

    List of figures and tables



    Table of cases



    Table of legislation



    Peace agreements and related documents



    Acknowledgements



    Abbreviations



    Introduction



    1 Statehood, state failure and state-building in international law



    2 Self-determination and state-building in international law



    3 The right to self-determination for the people of an independent state: an overview



    4 The right to self-determination for the people of an independent state: an interpretation



     5 State-building in Somalia 2000–2012: what role for self-determination?



    Concluding remarks



    Annex 1



    List of sources



     Index

    Biography

    Dr Manuela Melandri’s research interests lie at the intersection of international law and post-conflict justice issues. She has published journal articles on the complementarity system of the International Criminal Court, gender justice in post-war settings, just war theory and the ethics of post-conflict reconstruction as well as on the topic of self-determination. She holds a PhD in Law from University College London.

    'Manuela Melandri’s book makes an important contribution to the study of self-determination, by exploring the potential for the right not just as a mechanism for the break-up of states but a standard in their reconstruction.'

    James Summers, University of Lancaster, UK