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State Legitimacy and Failure in International Law

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ISBN13: 9789004268838
Published: February 2014
Publisher: Brill Nijhoff
Country of Publication: The Netherlands
Format: Hardback
Price: £97.00



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Failing states share characteristics of inadequate structural competency, including, inter alia, the inability to advance human welfare and security. Economic inequalities and corruption are present, as well as a loss of legitimacy and reduced social cohesion. Failure of rule of law is manifested in areas of judicial adjudication, security, reduced territorial control and systemic political instability. The international community often confronts these challenges in a manner that actually complicates issues further through lack of consensus among state actors. Consequently, a new and emerging concept of sovereignty requires review in terms of the postmodern state.

Through scholarly consideration, State Legitimacy and Failure in International Law evaluates gaps in structural competency that precipitate state failure and examines the resulting consequences for the world community

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Subjects:
Public International Law
Contents:
Introduction
Part I: The Origins of State Formation
Chapter 1: The Creation of the State in International Law - Historical Background
1.1 Criteria and Conditions for Statehood
1.2 Emergence of the Modern State System
Chapter 2: State Failure – Internal and External Factors
2.1 Defining State Failure
2.2 Causes and Structural Indicators
2.3 Legacy of Colonialism
2.4 Terrorism
2.5 Limitations in Measuring State Failure

Part II: State Obligations and the Enforcement of International Law
Chapter 3: International Human Rights Law
3.1 Human Rights Instruments
3.1.2 Humanitarian Law
3.2 Human Security – An emerging paradigm
Chapter 4: State Responsibility - Obligations to Prosecute
4.1 Principle of Universal Jurisdiction
4.2 Humanitarian Intervention
4.3 Practice of the Security Council – opinio juris

Part III: Reconstruction and Mobilizing the International Community
Chapter 5: Prevention and Rehabilitation: Strengthening States Against Failure
5.1 State-Building and Reconstruction
5.2 Building Rule of Law
5.3 Establishing Accountability – Ending impunity
5.4 Establishing Security
5.5 Disarmament and Demobilization
5.6 Economic and Social Reconstruction
5.7 Role of Civil Society – Women and Minorities
5.8 Reconstituting Political Structure and Legitimacy
5.9 Reconciliation – Transitional Justice
5.10 Lessons Learned
Chapter 6: Challenges for the International Community
6.1 Role of United Nations
6.1.1 Humanitarian Assistance
6.1.2 Peacekeeping and Conflict Prevention
6.1.3 Transitional Occupation
6.2 Institutional Reform, Trusteeship – Limited Sovereignty
General Conclusion.