White Rose University Consortium logo
University of Leeds logo University of Sheffield logo York University logo

State reconstruction in international law : conjuring with political independence.

Saul, Matthew William (2008) State reconstruction in international law : conjuring with political independence. PhD thesis, University of Sheffield.

[img] Text (500175.pdf)
500175.pdf

Download (19Mb)

Abstract

This is a study about large-scale international involvement in the reconstruction of a state without an independently effective domestic government. Specifically how the practice in Cambodia, Haiti, Bosnia and Herzegovina, Sierra Leone, Kosoyo, East Timor, Afghanistan, and Iraq, relates to the right of the target state and its people to political independence. The international involvement, particularly its legal justification, is analysed from the perspective of the right to political independence and the core UN system values of self-determination of peoples and international peace. From this analysis, an opinion is formed on what explains intenlational acceptance of a practice that struggles to remain consistent with the legal structures and political values of the inter-sovereign relations paradigm of the international system. This is argued to rest on the pursuit of democratic reconstruction. The absence of a legal concept of democracy, in the practice analysed, is the basis for the thesis that: when there is not an independently effective domestic government, there is a need for greater international legal regulation and accountability of those - both the domestic and international actors - that exercise the right to political independence for the purpose of state reconstruction. This is to compensate for the lack of assurance that the process reflects the wishes of the state and its people, which is a threat to the core UN system values of self-determination of peoples and international peace.

Item Type: Thesis (PhD)
Academic Units: The University of Sheffield > Faculty of Social Sciences (Sheffield) > School of Law (Sheffield)
Identification Number/EthosID: uk.bl.ethos.500175
Depositing User: EThOS Import Sheffield
Date Deposited: 14 Apr 2016 12:52
Last Modified: 14 Apr 2016 12:52
URI: http://etheses.whiterose.ac.uk/id/eprint/10324

You do not need to contact us to get a copy of this thesis. Please use the 'Download' link(s) above to get a copy.
You can contact us about this thesis. If you need to make a general enquiry, please see the Contact us page.

Actions (repository staff only: login required)