State legitimacy and failure in international law / by Mario Silva.

Format:

Book

Author/Creator:

Silva, Mario, 1966- author.

Series:

Developments in international law ; 0924-5332 v. 67.

Developments in international law, 0924-5332 ; volume 67

Language:

English

Subjects (All):

Nation-state.

Failed states.

Dismemberment of nations.

Legitimacy of governments.

Physical Description:

vii, 271 pages ; 25 cm.

Place of Publication:

Leiden ; Boston : Brill Nijhoff, 2014.

Summary:

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. Book jacket.

Contents:

Introduction

The creation of the state in international law : historical background

State failure : internal and external factors

International human rights law

State responsibility : obligations to prosecute

Prevention and rehabilitation : strengthening states against failure

Challenges for the international community

General conclusion.

Notes:

Includes bibliographical references (pages 234-258) and index.

ISBN:

9789004268838

9004268839

OCLC:

865297799