How can a population influence decision-making on post-conflict reconstruction? This book explores the international legal framework for post-conflict popular governance.

The trend for international engagement in post-conflict reconstruction has produced a host of best-practice postulates on topics such as local involvement in decision-making, accountability for past atrocities, sensitivity to context, and the construction of democratic institutions of governance. International law has potential relevance for many of these themes, yet the question of how the implementation of best-practice policy recommendations might be affected by international law remains under-examined. This book offers a fuller understanding of the role of international law in the practice of post-conflict reconstruction. It explores how international legal issues that arise in the post-conflict period relate to a number of strands of the policy debate, including government creation, constitution-making, gender policy, provision of security, justice for past atrocities, rule of law development, economic recovery, returning displaced persons, and responsibilities of international actors. The chapters of the book work to reveal the extent to which international law figures in the policy of internationally enabled post-conflict reconstruction across a range of sectors. They also highlight the scope for international law to be harnessed in a more effective manner from the perspective of the transition to peace and stability. The book lays out a basis for future policy making on post-conflict reconstruction; one that is informed about the international legal parameters, and more aware of how international law can be utilized to promote key objectives.

The right to self-determination has played a crucial role in the process of assisting oppressed people to put an end to colonial domination. Outside of the decolonization context, however, its relevance and application has constantly been challenged and debated. This book examines the role played by self-determination in international law with regard to post-conflict state building. It discusses the question of whether self-determination protects local populations from the intervention of international state-builders in domestic affairs. With a focus on the right as it applies to the people of an independent state, it explores how self-determination concerns that arise in the post-conflict period play out in relation to the reconstruction process. The book analyses the situation in Somalia as a means of drawing out the impact and significance of the legal principle of self-determination in the process of rebuilding post-conflict institutions. In so doing, it seeks to highlight how the relevance of self-determination is often overlooked in this context.

In the past two decades, the international community has shown an increased proclivity to engage in programmes of post-conflict reconstruction in the aftermath of wars. During the same period, increased globalisation has meant that multinational companies have grown greatly in size and influence and have begun to challenge existing notions of governance at a global level. Here Peter Davis explores the reconstruction processes that have taken place in Azerbaijan, Bosnia and Rwanda. Based on extensive field work as well as existing literature, this book plots the recovery of these countries from conflict, and examines in detail the role that international companies have played in that process. The book also explores how companies’ impacts on reconstruction are governed, both by the companies themselves, and by the host government and international agencies managing the rebuilding process.

The subject of local government and post-conflict reconstruction sits at the intersection of several interrelated research areas, notably conflict/peacebuilding, governance, and political economy. This volume addresses a gap in the academic literature: whilst decentralisation is frequently included in peace agreements, the actual scope and role of local government is far less frequently discussed. This gap remains despite a considerable literature on local government in developing countries more generally, particularly with regard to decentralisation; but also, despite a considerable and growing literature on post-conflict reconstruction. This volume provides a mixture of case study, cross-case studies, practitioner reflection, and conceptual material on the function of local government in the context of decentralisation in post-conflict countries, from both academics and policy-makers. This collection of in-depth single- and multi-country case study analysis is complemented by practitioner reflections and framed within the 2030 Agenda building on the New Urban Agenda, and particularly the Sustainable Development Goal 16 to ‘promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels.’ The chapters in this book were originally published in the online journal Third World Thematics.

Jus post bellum is the body of international legal norms and rules of international law that applies to a post-conflict situation as it moves to a status of peace. This book provides a detailed legal analysis of all aspects of jus post bellum, and uses case studies to show its relevance to the reality of situations on the ground.

This book analyses the multi-faceted impact armed conflict has on investment treaties. Refuting the common association of the outbreak of hostilities with the termination or suspension of treaties, it not only makes a case for the continuity of investment treaties. The book argues that the impact of armed conflict on such agreements goes far beyond these questions: Changed factual circumstances and public interests as well as international humanitarian law heavily influence the application and interpretation of investment protection standards. The book argues that investment treaties can and must channel these effects to remain effective during armed conflict and strike a fair balance between investor and public interests. It shows ways in which contextual and systemic interpretation, respect for reasonable state action, and careful treaty design can ensure that investment treaties continue to fulfil their purpose of strengthening compliance with legal rules also in times of armed conflict.

From Space debris to asteroid strikes to anti-satellite weapons, humanity's rapid expansion into Space raises major environmental, safety, and security challenges. In this book, Michael Byers and Aaron Boley, an international lawyer and an astrophysicist, identify and interrogate these challenges and propose actionable solutions. They explore essential questions from, 'How do we ensure all of humanity benefits from the development of Space, and not just the world's richest people?' to 'Is it possible to avoid war in Space?' Byers and Boley explain the essential aspects of Space science, international law, and global governance in a fully transdisciplinary and highly accessible way. Addressing the latest and emerging developments in Space, they equip readers with the knowledge and tools to engage in current and critically important legal, policy, and scientific debates concerning the future development of Space. This title is also available as Open Access on Cambridge Core.

There is a common perception of reciprocity as a concept that is opposed to the communitarian interests that characterise contemporary international law, or merely a way of denoting reactions to unfriendly or wrongful conduct. This book disputes this approach, and highlights how reciprocity is instead linked to the structural characteristic of sovereign equality of States in international law. This book carries out an in-depth analysis of the concept of reciprocity and the elements that characterise it, before examining the various roles and articulations of reciprocity in a number of fields of public international law: the law of treaties, the treatment of individuals, the execution of international law, and the jurisdiction of international courts and tribunals. In all these areas, it analyses both more traditional and more contemporary examples, to demonstrate how reciprocity is closely linked to the very structure of public international law.

A B S T R A C T ABDI, MOHAMED A: BA WHITTIER COLLEGE, 1966 MPA SYRACUSE UNIVERSITY, 1969 MPH FLORIDA INTERNATIONAL UNIVERSITY, 1996 CONFLICT RESOLUTION AND NATION-BUILDING IN SOMALIA Publication Scheduled for January 2012 The research concentrated on the current as well as the past quagmire of the Somali conflict. Political, social and economic triggers have been identified to resolve or reduce violent conflict and disorder. The research used primary as well as secondary sources to study the issues and explore the problems inherent in an environment of scarce resources. Confrontations between the state and society were brought to a higher level of violence since the late 1970s following the Somali-Ethiopian war. The author explored avenues for reconciliation and nation-building and introduced several models as possible strategies for nation-building. Conclusively, a home-grown, traditional mechanisms model was recommended which entails the following policy prescriptions to achieve long-lasting peace and security for Somalia: 1. Governance structures of law and order. 2. Resources: De-escalating conflicts by opening up negotiating opportunities of land and property. 3. Complete demilitarization of society. 4. International cooperation. A plan by the international community to reconstruct and rehabilitate Somalia is essential if we have to avoid a relapse into a chaotic, violent situation in Somalia.