State Formation After Civil War : Local Government in National Peace Transitions book cover
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State Formation After Civil War
Local Government in National Peace Transitions





ISBN 9781472462183
Published August 29, 2016 by Routledge
268 Pages

 
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Book Description

State formation after civil war offers a new model for studying the formation of the state in a national peace transition as an integrated national phenomenon. Current models of peacebuilding and state building limit that possibility, reproducing a fragmented, selective view of this complex reality. Placing too much emphasis on state building as design they place too little on understanding state formation as unplanned historical process. The dominant focus on national institutions also ignores the role that cities and civic polities have played in constituting the modern state. Mining ideas from many disciplines and evidence from 19 peace processes, including South Africa, the book argues that the starting point for building a systematic theory is to explain a distinct pattern to state formation that can be observed in practice: Despite their conflicts people in fragile societies bargain terms for peaceful coexistence, they make attempts to constitute the right to rule as valid state authority, in circumstances prone to conflict, over which they have imperfect influence, not control. Though the kind of institutions created will differ with context, how rules for state authority are institutionalized follows a consistent basic pattern. That pattern defines state formation in peace transitions as both a unified, if contingent, field of normative practice and an object of comparative study.



Where the national-centric models see local government as a matter belonging to policy on decentralization for later in the reconstruction phase, the book uncovers a distinct "local government dimension" to peace transitions: A civic dimension to national conflicts that must be explained; incipient or proto-local authorities that emerge even during civil war, in peace making, after state collapse; the fact that it is common for peace agreements and constitutions to include rules for local authority, for local elections to be held as part of broader democratization, and for laws to be enacted to establish local government as part of peace compacts. The book develops the concept of local peace transition to explain the distinctive constitutive role of this local dimension in peace-making and state formation.



This path-breaking book will be of compelling interest to practitioners, scholars and students of comparative constitutional studies, international law, peace building and state building.

Table of Contents

Chapter 1 Introduction



Chapter 2 Peacebuilding



The Rise of the Post-Cold War Peace and Security Architecture



Integrated Transition



The ‘Peace Map’ of a Typical UN Peace Building Operation



Fragmentation Not Integration



Chapter 3 State Building



The Evolution of Post-Conflict State Building



Building Denmark



Building Leviathan



The Core State Functions Model



The Grand Bargain model



State Building Limits Our View of State Formation



Chapter 4 State Formation in National Peace Transitions



State Formation as Historical Process Imperfectly Shaped by Human Design



The State as an Incipient System of Rules for State Authority



National Peace Transition as a Normative Field of State Formation



Chapter 5 Cities and State Formation



Federalism and Local Government



Decentralization and Local Government



The Constitutive Role of Local Government in State Formation



Incipient Local Authority



The Formation of Rules for Local Authority in National Peace Transitions



Local Peace Transition



Chapter 6 The South African Peace Transition



State Racism and the Long Arc of Conflict in South Africa (1910-1993)



The Fragile Apartheid State



The Peace Transition: Political Negotiations and Constitution-Making (1990-1996)



Chapter 7 Civic Conflict



Local Government and the Enforcement of Apartheid



Civic Struggle as People’s War



The Civic Dimension of the Conflict



Civic Conflict Defined the Pathways for the Local Peace Transition



Chapter 8 The Local Peace Transition in South Africa



Local Peace Agreements



The ‘Local Government’ Constitution



Elected Transitional Local Council



Local Peace Transition



Chapter 9 Cities and State Formation in National Peace Transitions



Bibliography



Index

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Author(s)

Biography

Derek Powell is an Associate Professor in Law and Head of the Multi-Level Government Initiative in the Dullah Omar Institute of Constitutional Law, Governance and Human Rights at the University of the Western Cape. He served as a deputy director-general, senior civil servant and policy advisor in the South African government under the Mandela and Mbeki administrations (1996-2009), where he worked on key policy processes to establish and reform the systems of democratic local government and intergovernmental relations. He was head of the research department at the Constitutional Assembly during the process to draft a democratic constitution for South Africa (1994-96). His research interests focus on comparative constitutional studies, international peace and security law and politics, local government, intergovernmental relations, public finance management, and more recently on using large datasets in researching complex problems of governance that cut across the law, state, economy, and society. He is co-editor of Jaap de Visser, Nico Steytler, Derek Powell, Ebenezer Durojaye eds., Constitution Building in Africa (Nomos, 2015).