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The trend for international engagement in post-conflict
reconstruction has produced a host of best-practice postulates on
topics such as local involvement in decision-making, accountability
for past atrocities, sensitivity to context, and the construction
of democratic institutions of governance. International law has
potential relevance for many of these themes, yet the question of
how the implementation of best-practice policy recommendations
might be affected by international law remains under-examined. This
book offers a fuller understanding of the role of international law
in the practice of post-conflict reconstruction. It explores how
international legal issues that arise in the post-conflict period
relate to a number of strands of the policy debate, including
government creation, constitution-making, gender policy, provision
of security, justice for past atrocities, rule of law development,
economic recovery, returning displaced persons, and
responsibilities of international actors. The chapters of the book
work to reveal the extent to which international law figures in the
policy of internationally enabled post-conflict reconstruction
across a range of sectors. They also highlight the scope for
international law to be harnessed in a more effective manner from
the perspective of the transition to peace and stability. The book
lays out a basis for future policy making on post-conflict
reconstruction; one that is informed about the international legal
parameters, and more aware of how international law can be utilized
to promote key objectives.
The trend for international engagement in post-conflict
reconstruction has produced a host of best-practice postulates on
topics such as local involvement in decision-making, accountability
for past atrocities, sensitivity to context, and the construction
of democratic institutions of governance. International law has
potential relevance for many of these themes, yet the question of
how the implementation of best-practice policy recommendations
might be affected by international law remains under-examined. This
book offers a fuller understanding of the role of international law
in the practice of post-conflict reconstruction. It explores how
international legal issues that arise in the post-conflict period
relate to a number of strands of the policy debate, including
government creation, constitution-making, gender policy, provision
of security, justice for past atrocities, rule of law development,
economic recovery, returning displaced persons, and
responsibilities of international actors. The chapters of the book
work to reveal the extent to which international law figures in the
policy of internationally enabled post-conflict reconstruction
across a range of sectors. They also highlight the scope for
international law to be harnessed in a more effective manner from
the perspective of the transition to peace and stability. The book
lays out a basis for future policy making on post-conflict
reconstruction; one that is informed about the international legal
parameters, and more aware of how international law can be utilized
to promote key objectives.
International dispute settlement plays a fundamental role in
maintaining the fabric of the international legal order, reflecting
the desire of States, and increasingly non-State actors, to resolve
their differences through international dispute procedures and
other legal mechanisms. This edited collection focuses upon the
growth and complexity of such legal methods, which includes
judicial settlement (courts and tribunals), arbitration and other
legal (or what might be termed 'extra-legal') means (international
organisations, committees, inspection panels, and ombudsmen). In
this important collection, such mechanisms are compared and
evaluated side-by-side to provide, in one volume, a detailed and
analytical account of the current framework. Ranging from key
conceptual issues of proliferation of legal mechanisms and the
associated risks of fragmentation through to innovations in dispute
settlement mechanisms in many topical areas of international law,
including international trade law, collective security law and
regional law, this collection, written by leading international
lawyers, provides a major study in the ongoing trends and emerging
problems in this crucial area of international law. This edited
collection is published to mark the retirement of Professor John
Merrills, Emeritus Professor of International Law, University of
Sheffield, who has written widely on international law and human
rights law, but is probably best known for his work on the
settlement of international disputes, evidenced by the enduring
appeal of his leading text International Dispute Settlement, now in
its fourth edition.
International dispute settlement plays a fundamental role in
maintaining the fabric of the international legal order, reflecting
the desire of States, and increasingly non-State actors, to resolve
their differences through international dispute procedures and
other legal mechanisms. This edited collection focuses upon the
growth and complexity of such legal methods, which includes
judicial settlement (courts and tribunals), arbitration and other
legal (or what might be termed 'extra-legal') means (international
organisations, committees, inspection panels, and ombudsmen). In
this important collection, such mechanisms are compared and
evaluated side-by-side to provide, in one volume, a detailed and
analytical account of the current framework. Ranging from key
conceptual issues of proliferation of legal mechanisms and the
associated risks of fragmentation through to innovations in dispute
settlement mechanisms in many topical areas of international law,
including international trade law, collective security law and
regional law, this collection, written by leading international
lawyers, provides a major study in the ongoing trends and emerging
problems in this crucial area of international law. This edited
collection is published to mark the retirement of Professor John
Merrills, Emeritus Professor of International Law, University of
Sheffield, who has written widely on international law and human
rights law, but is probably best known for his work on the
settlement of international disputes, evidenced by the enduring
appeal of his leading text International Dispute Settlement, now in
its fourth edition.
Under what conditions does a post-conflict government have
authority? What challenges to its legitimacy does it face? To what
standards can it be held accountable? Via case studies of Sierra
Leone and Afghanistan, and detailed accounts of extant
international law, Matthew Saul explores the international legal
framework which regulates popular governance of post-conflict
reconstruction.
The emerging international human rights judiciary (IHRJ) threatens
national democratic processes and 'hollows out' the scope of
domestic and democratic decision-making, some argue. This new
analysis confronts this head on by examining the interplay between
national parliaments and the IHRJ, proposing that it advances
parliament's efforts. Taking Europe and the European Court of Human
Rights as its focus - drawing on theory, doctrine and practice -
the authors answer a series of key questions. What role should
parliaments play in realising human rights? Which factors influence
the effects of the IHRJ on national parliaments' efforts? How can
the IHRJ adjust its influence on parliamentary process? And what
triggers the backlash against the IHRJ from parliaments and when?
Here, the authors lay foundations for better informed scholarship
and legal practice in the future, as well as a better understanding
of how to improve the effectiveness and validity of the IHRJ.
The emerging international human rights judiciary (IHRJ) threatens
national democratic processes and 'hollows out' the scope of
domestic and democratic decision-making, some argue. This new
analysis confronts this head on by examining the interplay between
national parliaments and the IHRJ, proposing that it advances
parliament's efforts. Taking Europe and the European Court of Human
Rights as its focus - drawing on theory, doctrine and practice -
the authors answer a series of key questions. What role should
parliaments play in realising human rights? Which factors influence
the effects of the IHRJ on national parliaments' efforts? How can
the IHRJ adjust its influence on parliamentary process? And what
triggers the backlash against the IHRJ from parliaments and when?
Here, the authors lay foundations for better informed scholarship
and legal practice in the future, as well as a better understanding
of how to improve the effectiveness and validity of the IHRJ.
Under what conditions does a post-conflict government have
authority? What challenges to its legitimacy does it face? To what
standards can it be held accountable? Via case studies of Sierra
Leone and Afghanistan, and detailed accounts of extant
international law, Matthew Saul explores the international legal
framework which regulates popular governance of post-conflict
reconstruction.
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