Author: Richard Zajac Sannerholm
Publisher:
ISBN: 9781780680088
Category : Nation-building
Languages : en
Pages : 0
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Book Description
Rule of law has emerged as an essential objective in assistance to post-conflict and post-crisis societies such as Somalia, Kosovo, Liberia and Egypt. This has led to a host of externally promoted programmes and projects on law reform, constitutional development and judicial training, and security sector transformation. Through UN Security Council resolutions and other means of conditionality, the rule of law is not simply promoted in post-conflict and crisis settings, but also enforced. A failure to adhere to the rule of law can result in donors withholding funds and political support. The employment of the concept as a standard and condition in state-building has national legal and political consequences. Clarity in communication on the rule of law is of great importance. This book provides a critical analysis of past and current rule of law promotion, and argues that despite past experiences of development and technical assistance, rule of law reform in war-torn and crisis societies operates in an autonomous field where best practices and lessons learned are rarely or only superficially acknowledged. Furthermore, there is a need for a reorientation of rule of law assistance to the core values of the concept in order to retain its independent and 'analytical bite', and to develop criteria that can guide reformers in the field. The author provides a comparative and systematic overview of how rule of law promotion has been put into effect and identifies challenges and opportunities for enhancing and strengthening norms, ideologies and methods for legal and judicial reform after war and crisis. About the book 'This compelling account of the role of international actors promoting rule of law in war to peace transitions argues that we have overreached. By prescribing value-laden rule of law reforms to formal justice institutions after war, we have created 'blind-spots': international actor accountability, informal and customary justice systems, and the procedures and outcomes of public administration. This important book argues that the real test of international rule of law interventions is whether they create spaces where conflict-weary citizens can demand, challenge, and participate in the creation of better local governance.' Professor Veronica L. Taylor, Australian National University and University of Washington 'In short, Sannerholm's pithy volume is an excellent primer for those interested in international rule of law reform efforts in countries emerging from war or crisis. He harbors no illusions about the challenges that these reform efforts face, and his criticisms of such efforts to date are realistic and incisive without succumbing to pessimism. Overall, Rule of Law After War and Crisis is a welcome contribution to our understanding of the foundational importance of the rule of law and the immense challenges the international community faces in establishing it where it is absent.' Kendall L. Manlove in International Law and Politics (2013) 953 About the author Richard Zajac Sannerholm holds a PhD in law and has experience in rule of law reform in post-conflict, crisis and transition countries, working as a researcher and adviser for international organizations, national agencies and non-governmental organizations. Zajac Sannerholm currently works as a researcher and project leader at the Folke Bernadotte Academy in Sweden.
Author: Carlos Closa
Publisher: Cambridge University Press
ISBN: 1107108888
Category : Law
Languages : en
Pages : 357
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Book Description
This book provides an analysis of key approaches to rule of law oversight in the EU and identifies deeper theoretical problems.
Author: Oren Gross
Publisher: Cambridge University Press
ISBN: 1139457756
Category : Political Science
Languages : en
Pages : 48
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Book Description
This book presents a systematic and comprehensive attempt by legal scholars to conceptualize the theory of emergency powers, combining post-September 11 developments with more general theoretical, historical and comparative perspectives. The authors examine the interface between law and violent crises through history and across jurisdictions.
Author: Armin von Bogdandy
Publisher: Springer Nature
ISBN: 366262317X
Category : Law
Languages : en
Pages : 478
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Book Description
This open access book deals with Article 7 TEU measures, court proceedings, financial sanctions and the EU Rule of Law Framework to protect EU values with a particular focus on checks and balances in EU Member States. It analyses substantive standards, powers, procedures as well as the consequences and implications of the various instruments. It combines the analysis of the European level, be it the EU or the Council of Europe, with that of the national level, in particular in Hungary and Poland. The LM judgment of the European Court of Justice is made subject to detailed scrutiny.
Author: Rachel Kleinfeld
Publisher: Brookings Institution Press
ISBN: 0870032666
Category : Political Science
Languages : en
Pages : 296
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Book Description
In the modern era, political leaders and scholars have declared the rule of law to be essential to democracy, a necessity for economic growth, and a crucial tool in the fight for security at home and stability abroad. The United States has spent billions attempting to catalyze rule-of-law improvements within other countries. Yet despite the importance of the goal to core foreign policy needs, and the hard work of hundreds of practitioners on the ground, the track record of successful rule-of-law promotion has been paltry. In Advancing the Rule of Law Abroad, Rachel Kleinfeld describes the history and current state of reform efforts and the growing movement of second-generation reformers who view the rule of law not as a collection of institutions and laws that can be built by outsiders, but as a relationship between the state and society that must be shaped by those inside the country for lasting change. Based on research in countries from Indonesia to Albania, Kleinfeld makes a compelling case for new methods of reform that can have greater chances of success. This book offers a comprehensive overview of this growing area of policy action where diplomacy and aid meet the domestic policies of other states. Its insights into the practical methods and moral complexities of supporting reform within other countries will be useful to practitioners and students alike.
Author: George Ulrich
Publisher:
ISBN: 0198849664
Category : Law
Languages : en
Pages : 369
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Book Description
For some time, the word 'crisis' has been dominating international political discourse. But this is nothing new. Crisis has always been part of the discipline of international law. History indeed shows that international law has developed through reacting to previous experiences of crisis, reflecting an agreement on what it takes to avoid their repetition. However, human society evolves and challenges existing rules, structures, and agreements. International law is confronted with questions as to the suitability of the existing legal framework for new stages of development. Ulrich and Ziemele here bring together an expert group of scholars to address the question of how international law confronts crises today in terms of legal thought, rule-making, and rule-application. The editors have characterized international law and crisis discourse as one of a dialectical nature, and have grouped the articles contained in the volume under four main themes: security, immunities, sustainable development, and philosophical perspectives. Each theme pertains to an area of international law which at the present moment in time is subject to notable challenges and confrontations from developments in human society. The surprising general conclusion which emerges is that, by and large, the international legal system contains concepts, principles, rules, mechanisms and formats for addressing the various developments that may prima facie seem to challenge these very same elements of the system. Their use, however, requires informed policy decisions.
Author: Steven A. Ramirez
Publisher: NYU Press
ISBN: 0814776493
Category : Business & Economics
Languages : en
Pages : 304
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Book Description
In this innovative and exhaustive study, Steven A. Ramirez posits that the subprime mortgage crisis, as well as the global macroeconomic catastrophe it spawned, is traceable to a gross failure of law. The rule of law must appropriately channel and constrain the exercise of economic and political power. Used effectively, it ensures that economic opportunity isn’t limited to a small group of elites that enjoy growth at the expense of many, particularly those in vulnerable economic situations. In Lawless Capitalism, Ramirez calls for the rule of law to displace crony capitalism. Only through the rule of law, he argues, can capitalism be reconstructed.
Author: Peter J. Boettke
Publisher: Cambridge University Press
ISBN: 110884619X
Category : Business & Economics
Languages : en
Pages : 213
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Book Description
Contemporary monetary institutions are flawed at a foundational level. The reigning paradigm in monetary policy holds up constrained discretion as the preferred operating framework for central banks. But no matter how smart or well-intentioned are central bankers, discretionary policy contains information and incentive problems that make macroeconomic stability systematically unlikely. Furthermore, central bank discretion implicitly violates the basic jurisprudential norms of liberal democracy. Drawing on a wide body of scholarship, this volume presents a novel argument in favor of embedding monetary institutions into a rule of law framework. The authors argue for general, predictable rules to provide a sturdier foundation for economic growth and prosperity. A rule of law approach to monetary policy would remedy the flaws that resulted in misguided monetary responses to the 2007-8 financial crisis and the COVID-19 pandemic. Understanding the case for true monetary rules is the first step toward creating more stable monetary institutions.
Author: David Marshall (Lawyer)
Publisher: Human Rights Program, Harvard Law School
ISBN: 9780674365704
Category : International law
Languages : en
Pages : 0
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Book Description
Promoting the rule of law is at the heart of the United Nations' mission. Critically evaluating rule of law initiatives from a contemporary global perspective, The International Rule of Law Movement explains which measures work and which fail, and why. It proposes better models for instituting justice and the rule of law in fragile states.
Author: Tom Ginsburg
Publisher: Cambridge University Press
ISBN: 9781108729208
Category : Law
Languages : en
Pages : 342
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Book Description
Many constitutions include provisions intended to limit the discretion of governments in economic policy. In times of financial crises, such provisions often come under pressure as a result of calls for exceptional responses to crisis situations. This volume assesses the ability of constitutional orders all over the world to cope with financial crises, and the demands for emergency powers that typically accompany them. Bringing together a variety of perspectives from legal scholars, economists, and political scientists, this volume traces the long-run implications of financial crises for constitutional order. In exploring the theoretical and practical problems raised by the constitutionalization of economic policy during times of severe crisis, this volume showcases an array of constitutional design options and the ways they channel governmental responses to emergency.
