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Vol 21 No 11 Nov/Dec 2016

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The International Rule of Law Movement: A Crisis of Legitimacy and the Way Forward


ISBN13: 9780674365704
Published: August 2014
Publisher: Harvard University Press
Country of Publication: USA
Format: Paperback
Price: £16.95



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Promoting the rule of law at the national and international levels is at the heart of the United Nations' mission and is a principle embedded throughout the Charter of the United Nations and most constitutions of nation-states. The 2012 "Declaration on the Rule of Law at the National and International Levels" adopted by the General Assembly reaffirmed that human rights, the rule of law, and democracy were interlinked and mutually reinforcing, and that they belonged to the universal and indivisible core values and principles of the United Nations. To some, the "Rule of Law" has become nothing more than empty rhetoric of individual Western states and intergovernmental bodies such as the UN, The World Bank, and the EU. In addition to conceptual uncertainty and perceived hidden agendas, there is mounting skepticism, particularly among donors, regarding rule of law promotion and its effectiveness in fragile states. The International Rule of Law Movement "critically evaluates rule of law initiatives from a contemporary global perspective. It seeks to fill the gap in knowledge among actors and to explain what has and has not been effective and why. It also proposes better models for promoting justice and the rule of law in fragile states.

Subjects:
Public International Law
Contents:
Foreword [Richard Zajac Sannerholm, Jennifer Schmidt, Britta Madsen, Colette Rausch, and Vivienne O’Connor]
Acknowledgments
Introduction [David Marshall]
1. New Rules for the Rule of Law [James A. Goldston]
2. In Search of “Hire” Knowledge: Donor Hiring Practices and the Organization of the Rule of Law Reform Field [Deval Desai]
3. Reboot Required: The United Nations’ Engagement in Rule of Law Reform in Postconflict and Fragile States [David Marshall]
4. Decolonizing the Centralist Mind: Legal Pluralism and the Rule of Law [Haider Ala Hamoudi]
5. Policy of Government and Policy of Culture: Understanding the Rules of Law in the “Context” of South Sudan’s Western Equatoria State [Mareike Schomerus]
6. Legal Empowerment and the Land Rush: Three Struggles [Vivek Maru]
7. The Rule of Law in Ordinary Action: Filing Legal Advice in Lagos State [Todd Foglesong]
8. From HiPPOs to “Best Fit” in Justice Reform: Experimentalism in Sierra Leone [Margaux Hall, Nicholas Menzies, and Michael Woolcock]
9. Beyond Deficit and Dysfunction: Three Questions toward Just Development in Fragile and Conflict-Affected Settings [Louis-Alexandre Berg, Deborah Isser, and Doug Porter]
Postscript: An Immodest Reflection [Erik G. Jensen]
Contributors