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Judicial reconstruction and the rule of law [electronic resource] : reassessing military intervention in Iraq and beyond / by Angeline Lewis.

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Format:
Book
Author/Creator:
Lewis, Angeline.
Series:
International Humanitarian Law Series 39.
International Humanitarian Law Series ; 39
Language:
English
Subjects (All):
Rule of law.
Intervention (International law).
Justice, Administration of.
Law reform.
Humanitarian law.
Security, International.
Security sector.
Physical Description:
1 online resource (266 p.)
Place of Publication:
Leiden ; Boston : M. Nijhoff Publishers, 2012.
Language Note:
English
Summary:
The idea of building a blueprint ‘rule of law’ through military intervention has seized the imagination of practitioners and theorists alike in the past decade of peacebuilding operations, and an emphasis on simultaneous judicial reconstruction and security sector reform has emerged as their central strategy. This work, in a fresh approach based on recent military operations in Iraq and beyond, challenges both the universality of the blueprint and the doctrinal assumption that institutional reform by military interveners builds peace and legitimacy. In a comprehensive review, the essential role of the community in developing its own relationship with law, while interveners refocus exclusively on restoring public security using their extraordinary powers under international humanitarian law, emerges as the only future for ‘rule of law operations.’
Contents:
Preliminary Material
Introduction
The Rule of Law in International Law – A Reassessment
The General Legislative Competence of an Occupant as to the Domestic Rule of Law
The Administration of Judicial Institutions under the Law of Occupation
Security Council Interventions outside an Explicit Occupation Framework
Moving toward Rule of Law Legitimacy by Refocussing on Order in Intervention
Bibliography
Index of International Instruments
Index of Cases
Index.
Notes:
Description based upon print version of record.
Includes bibliographical references and index.
ISBN:
1-283-59714-4
9786613909596
90-04-22811-X
OCLC:
811505171
Publisher Number:
10.1163/9789004228115 DOI

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