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.
'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
Chapter 1: Statehood, State Failure and State-building in International Law
Chapter 2: Self-determination and State-building in International Law
Chapter 3: The Right to Self-Determination for the People of an Independent State: An Overview
Chapter 4: The Right to Self-Determination for the People of an Independent State: An Interpretation
Chapter 5: State-building in Somalia 2000-2012: what role for self-determination?
International law has great relevance in post-conflict contexts, but the complexity of its role, both as a supporting and restraining factor, can be underestimated. This series explores the role of law, and in particular international law, in securing ‘justice’ in post-conflict contexts. The remit of the series extends to matters of law connected to, for example: post-conflict legal reforms and the development of constitutions; the establishment of the rule of law; the place of international organizations in post-conflict; peace-keeping; transitional justice mechanisms (including criminal justice); and discussion of jus post bellum. It also seeks self-reflexive works on notions of post-conflict justice, transitional justice, and similar.