State Failure, Sovereignty And Effectiveness

State Failure, Sovereignty And Effectiveness PDF

Author: Gérard Kreijen

Publisher: Martinus Nijhoff Publishers

Published: 2004

Total Pages: 405

ISBN-13: 9004139656

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This comprehensive study of State failure upholds that the collapse of States in sub-Saharan Africa is a self-inflicted problem caused by the abandonment of the principle of effectiveness during decolonization. On the one hand, the abandonment of effectiveness may have facilitated the recognition of the new African States, but on the other it did lead to the creation of States that were essentially powerless: some of which became utter failures. Written in a style both provocative and unorthodox and using convincing arguments, this study casts doubt on some of the most sacred principles of the modern doctrine of international law. It establishes that the declaratory theory of recognition cannot satisfactorily explain the continuing existence of failed States. It also demonstrates that the principled assertion of the right to self-determination as the basis for independence in Africa has turned the notion of sovereignty into a formal-legal figment without substance. This book is a plea for more realism in international law. Pensive pessimists in the tradition of Hobbes will probably love it. Idealists in the tradition of Grotius may hate it, but they will find it very difficult to reject its conclusions.

State Failure in the Modern World

State Failure in the Modern World PDF

Author: Zaryab Iqbal

Publisher: Stanford University Press

Published: 2015-12-16

Total Pages: 169

ISBN-13: 0804796912

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State failure is seen as one of the significant threats to regional and international stability in the current international system. State Failure in the Modern World presents a comprehensive, systematic, and empirically rigorous analysis of the full range of the state failure process in the post-World War II state system—including what state failure means, its causes, what accounts for its duration, its consequences, and its implications. Among the questions the book addresses are: when and why state failure occurs, why it recurs in any single state, and when and why its consequences spread to other states. The book sets out the array of problems in previous work on state failure with respect to conceptualization and definition, as well as how the causes and consequences of state failure have been addressed, and presents analyses to deal with these problems. Any analysis of state failure can be seen as an exercise in policy evaluation; this book undertakes the theoretical, conceptual, and analytic work that must be done before we can evaluate—or have much confidence in—both current and proposed policy prescriptions to prevent or manage state collapse.

Sovereignty as Responsibility

Sovereignty as Responsibility PDF

Author: Francis M. Deng

Publisher: Rowman & Littlefield

Published: 2010-12-01

Total Pages: 300

ISBN-13: 9780815719731

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The authors assert that sovereignty can no longer be seen as a protection against interference, but as a charge of responsibility where the state is accountable to both domestic and external constituencies. In internal conflicts in Africa, sovereign states have often failed to take responsibility for their own citizens' welfare and for the humanitarian consequences of conflict, leaving the victims with no assistance. This book shows how that responsibility can be exercised by states over their own population, and by other states in assistance to their fellow sovereigns. Sovereignty as Responsibility presents a framework that should guide both national governments and the international community in discharging their respective responsibilities. Broad principles are developed by examining identity as a potential source of conflict, governance as a matter of managing conflict, and economics as a policy field for deterring conflict. Considering conflict management, political stability, economic development, and social welfare as functions of governance, the authors develop strategies, guidelines, and roles for its responsible exercise. Some African governments, such as South Africa in the 1990s and Ghana since 1980, have demonstrated impressive gains against these standards, while others, such as Rwanda, Somalia, Liberia, Nigeria, and Sudan, have failed. Opportunities for making sovereignty more responsible and improving the management of conflicts are examined at the regional and international levels. The lessons from the mixed successes of regional conflict management actions, such as the West African intervention in Liberia, the East African mediation in Sudan, and international efforts to urge talks to end the conflict in Angola, indicate friends and neighbors outside the state in conflict have important roles to play in increasing sovereign responsibility. Approaching conflict management from the perspective of the responsibilities of sovereignt

Sovereignty, State Failure and Human Rights

Sovereignty, State Failure and Human Rights PDF

Author: Neil A. Englehart

Publisher: Routledge

Published: 2017

Total Pages: 0

ISBN-13: 9781138222267

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This book argues that the effectiveness of the state apparatus is one of the crucial variables determining human rights conditions, and that state weakness and failure is responsible for much of the human rights abuses we see today. Weak states are unable to control their own agents or to police abuses by private actors, resulting in less accountability and more abuse. By contrast, stronger states have greater capacities to protect human rights; even strong authoritarian states tend to have better human rights conditions than weak ones. The first two chapters of the book develop the theoretical connections between international law, sovereignty, states and rights, and the consequences of state failure for these relationships. The empirical chapters (Chapters 3-6) test the validity of these theoretical claims, employing a multi-method approach that combines quantitative and qualitative methods. Englehart uses case studies of Afghanistan, Burma/Myanmar and the Indian state of Bihar to analyze types and patterns of state failure, based on analysis of NGO reports, archival research, primary and secondary texts, and interviews and field research. Examining what happens to human rights when states fail, the book concludes with implications for scholars and activists concerned with human rights. This book will be of great use to scholars of international relations, comparative politics, human rights law and state sovereignty.

Effective Governance Under Anarchy

Effective Governance Under Anarchy PDF

Author: Tanja A. Börzel

Publisher: Cambridge University Press

Published: 2021-04-08

Total Pages: 381

ISBN-13: 1107183693

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Democratic and consolidated states are taken as the model for effective rule-making and service provision. In contrast, this book argues that good governance is possible even without a functioning state.

The Fragility of the 'Failed State' Paradigm

The Fragility of the 'Failed State' Paradigm PDF

Author: Neyire Akpinarli

Publisher: BRILL

Published: 2010

Total Pages: 284

ISBN-13: 9004178120

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The absence of effective government, one of the most important issues in current international law, became prominent with the failed state concept at the beginning of the 1990s. Public international law, however, lacked sufficient legal means to deal with the phenomenon. Neither attempts at state reconstruction in countries such as Afghanistan and Somalia on the legal basis of Chapter VII of the UN Charter nor economic liberalisation have addressed fundamental social and economic problems. This work investigates the weaknesses of the failed state paradigm as a long-term solution for international peace and security, arguing that the solution to the absence of effective government can be found only in an economic and social approach and a true universalisation of international law.

Sovereignty Sharing in Fragile States

Sovereignty Sharing in Fragile States PDF

Author: John D. Ciorciari

Publisher:

Published: 2021-03-16

Total Pages: 320

ISBN-13: 9781503613669

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"In fragile states, domestic and international actors sometimes take the momentous step of sharing sovereign authority to provide basic public services and build the rule of law. While sovereignty sharing can help address gaps in governance, it is inherently difficult, risking redundancy, confusion over roles, and feuds between partners when their interests diverge. In 'Sovereignty Sharing in Fragile States, ' John D. Ciorciari sheds light on how and why these extraordinary joint ventures are created, designed, and implemented. Based on extensive field research in several countries and more than 150 interviews with senior figures from governments, the UN, donor states, and civil society, Ciorciari discusses when sovereignty sharing may be justified and when it is most likely to achieve its aims. The two, he argues, are closely related: perceived legitimacy and continued political and popular support are keys to success. This book examines a diverse range of sovereignty-sharing arrangements, including hybrid criminal tribunals, joint policing arrangements, and anti-corruption initiatives, in Sierra Leone, Cambodia, Lebanon, Timor-Leste, Guatemala, and Liberia. Ciorciari provides the first comparative assessment of these remarkable attempts to repair ruptures in the rule of law--the heart of a well-governed state"--

Making States Work

Making States Work PDF

Author: United Nations University

Publisher: United Nations University Press

Published: 2005

Total Pages: 419

ISBN-13: 928081107X

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The point of departure for this collection of articles is the idea that there is a link between international peace and strong states respectful of human rights and robust civil societies. Presented by Chesterman (New York U. School of Law, US), Ignatieff (Harvard U.'s John F. Kennedy School of Government, US), and Thakur (United Nations Universi

The Responsibility to Protect

The Responsibility to Protect PDF

Author: International Commission on Intervention and State Sovereignty

Publisher: IDRC

Published: 2001

Total Pages: 432

ISBN-13: 9780889369634

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Responsibility to Protect: Research, bibliography, background. Supplementary volume to the Report of the International Commission on Intervention and State Sovereignty