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Sebastián explores the experience of statebuilding and constitution making after violent conflict, using the failed reform of Dayton in Bosnia and Herzegovina as a case study to reflect upon the fundamental questions of post-war statebuilding, reform and the role of local and external actors.
Sebastián explores the experience of statebuilding and constitution making after violent conflict, using the failed reform of Dayton in Bosnia and Herzegovina as a case study to reflect upon the fundamental questions of post-war statebuilding, reform and the role of local and external actors.
This book explores the contradictions that emerge in international statebuilding efforts in war-torn societies. Since the end of the Cold War, more than 20 major peace operations have been deployed to countries emerging from internal conflicts. This book argues that international efforts to construct effective, legitimate governmental structures in these countries are necessary but fraught with contradictions and vexing dilemmas.. Drawing on the latest scholarly research on postwar peace operations, the volume: addresses cutting-edge issues of statebuilding including coordination, local ownership, security, elections, constitution making, and delivery of development aid features contributions by leading and up-and-coming scholars provides empirical case studies including Afghanistan, Cambodia, Croatia, Kosovo, Liberia, Sierra Leone, South Africa, and others presents policy-relevant findings of use to students and policymakers alike The Dilemmas of Statebuilding will be vital reading for students and scholars of international relations and political science. Bringing new insights to security studies, international development, and peace and conflict research, it will also interest a range of policy makers.
Author : Paul R. Williams Publisher : Edward Elgar Publishing Page : 496 pages File Size : 11,12 MB Release : 2020-08-28 Category : Law ISBN : 1788971647
As a conflict ends and the parties begin working towards a durable peace, practitioners and peacebuilders are faced with the thrilling possibilities and challenges of building new or reformed political, security, judicial, social, and economic structures. This Handbook analyzes these elements of post-conflict state building through the lens of international law, which provides a framework through which the authors contextualize and examine the many facets of state building in relation to the legal norms, processes, and procedures that guide such efforts across the globe. The volume aims to provide not only an introduction to and explanation of prominent topics in state building, but also a perceptive analysis that augments ongoing conversations among researchers, lawyers, and advocates engaged in the field.
Author : Laurel E. Miller Publisher : US Institute of Peace Press Page : 737 pages File Size : 45,50 MB Release : 2010 Category : History ISBN : 1601270550
Analyzing nineteen cases, this title offers practical perspective on the implications of constitution-making procedure, and explores emerging international legal norms.
This book deals with the question how institutional reform can contribute to peacebuilding in post-war and divided societies. In the context of armed conflict and widespread violence, two important questions shape political agendas inside and outside the affected societies: How can we stop the violence? And how can we prevent its recurrence? Comprehensive negotiated war terminations and peace accords recommend a set of mechanisms to bring an end to war and establish peace, including institutional reforms that promote democratization and state building. Although the role of institutions is widely recognized, their specific effects are highly contested in research as well as in practice. This book highlights the necessity to include path-dependency, pre-conflict institutions and societal divisions to understand the patterns of institutional change in post-war societies and the ongoing risk of civil war recurrence. It focuses on the general question of how institutional reform contributes to the establishment of peace in post-war societies. This book comprises three separate but interrelated parts on the relation between institutions and societal divisions, on institutional reform and on security sector reform. The chapters contribute to the understanding of the relationship between societal cleavages, pre-conflict institutions, path dependency, and institutional reform. This book will be of much interest to students of peacebuilding, conflict resolution, development studies, security studies and IR.
The analysis is theoretically grounded on the empirical definition of a state in terms of Mitchell ( 1991) and the underlying social rules of the Liberian governance systems. The thesis argues that securitisation, debt servicing and revenue collection from extractive industries, were prioritized to create an enabling environment to advance concessionary economic policy. While state-building is apparently technocratic, it is, in fact, inherently political. The identification of domestic actors suggests that access to state institutions, information and thus to decision making was unevenly distributed with preference being given to those proclaimed to be reformist partners in neoliberal state-building. This set of elites has appropriated state-building projects to shape institutional arrangements to its own advantage. Historically, Liberia has been characterized as a 'quasi-apartheid' state with a perpetual lack of social development. Through concession agreements the state outsources public service provision to concessionaires. The Liberian state has never extended its institutions, public service provision and rule of law to its entire territory, yet maintains a monopoly over the country's natural resources. After a decade of international state-building, the constitutional reform process revealed that Liberians value economic rights over political rights. The thesis concludes that low confidence in the state's authority, including in its right to resources, perpetuates the fragile security situation.
State formation after civil war offers a new model for studying the formation of the state in a national peace transition as an integrated national phenomenon. Current models of peacebuilding and state building limit that possibility, reproducing a fragmented, selective view of this complex reality. Placing too much emphasis on state building as design they place too little on understanding state formation as unplanned historical process. The dominant focus on national institutions also ignores the role that cities and civic polities have played in constituting the modern state. Mining ideas from many disciplines and evidence from 19 peace processes, including South Africa, the book argues that the starting point for building a systematic theory is to explain a distinct pattern to state formation that can be observed in practice: Despite their conflicts people in fragile societies bargain terms for peaceful coexistence, they make attempts to constitute the right to rule as valid state authority, in circumstances prone to conflict, over which they have imperfect influence, not control. Though the kind of institutions created will differ with context, how rules for state authority are institutionalized follows a consistent basic pattern. That pattern defines state formation in peace transitions as both a unified, if contingent, field of normative practice and an object of comparative study. Where the national-centric models see local government as a matter belonging to policy on decentralization for later in the reconstruction phase, the book uncovers a distinct "local government dimension" to peace transitions: A civic dimension to national conflicts that must be explained; incipient or proto-local authorities that emerge even during civil war, in peace making, after state collapse; the fact that it is common for peace agreements and constitutions to include rules for local authority, for local elections to be held as part of broader democratization, and for laws to be enacted to establish local government as part of peace compacts. The book develops the concept of local peace transition to explain the distinctive constitutive role of this local dimension in peace-making and state formation. This path-breaking book will be of compelling interest to practitioners, scholars and students of comparative constitutional studies, international law, peace building and state building.
State Building and Democratization in Bosnia and Herzegovina details the post-Dayton evolution of the country over the last two decades. Carefully evaluating the successes and failures the book explores the slow progress of the democratization process and how key elites initially took hold of the state and its institutions and have successfully retained their grip on power, despite heavy international presence and reform attempts to counter-balance this trend. Bosnia and Herzegovina offers a useful lens through which to view international state-building and democratization efforts. International engagement here incorporated significant civilian and military investment and has been ongoing for many years. In each chapter international scholars and field-based practitioners examine the link between post-war events and a structure that effectively embeds ethno-national politics and tensions into the fabric of the country. These contributors offer lessons to be learned, and practices to be avoided whilst considering whether, as state-building and democratization efforts have struggled in this relatively advanced European country, they can succeed in other fragile states.
Since the early 1990s the international community has increasingly embarked on state building projects in war-torn countries. This was a direct response to the rising number of deep-rooted conflicts that emerged as the dominant form of warfare following the end of the Cold War. These conflicts were usually intra-state as opposed to inter-state, often between ethnic groups, and characterised by a high level of civilian casualties. The intractable nature of these conflicts led the international community to move from peace-keeping to peace building, concentrating on state building in an attempt to bring stability. In the process the international community has become increasingly willing to intervene in the affairs of sovereign states, while the international administrations created have been notable for their extensive powers. One of the first examples of this ʻnew trusteeshipʼ was in Bosnia and Herzegovina (BiH), where an ad hoc international administration was created in the wake of the Dayton Peace Agreement of 1995. This agreement set a precedent by allocating extensive civilian, as well as military, powers to the international community in BiH. However, the BiH administration was an unusual hybrid of supervision by the international community, and direct governance. In its early stages the administration was hampered by a lack of co-ordination and operational overlap between international agencies, while attempts at democratisation did not prevent the political system from being dominated by nationalist parties. The complex, highly devolved and partitionist state structure created by the Dayton Peace Agreement has undermined the central state institutions. Given the reluctance, or inability, of the various BiH governments to proceed with reforms in line with the democratisation process, the international community has awarded sweeping powers to its High Representative in BiH, and sought to strengthen state institutions. This thesis attempts to create a model of the ʻnew trusteeshipʼ by which to assess the international administration in BiH. It examines four key aspects of the state building process in BiH: security, state building, democracy and justice, and the economy. It finds that peace has been maintained, but that the post-war environment and the fragmented state structures have allowed organised crime and political corruption to flourish. The High Representative has made progress in strengthening the state, refugee returns have increased significantly, and recent Constitutional reforms should encourage a return to a multi-cultural society. However, the democratic system has been stymied by the success of nationalist parties, while electoral mechanisms imposed by the international community have not encouraged the growth of cross-ethnic parties. The High Representativeʼs extensive powers risk undermining the democratisation process, making BiH permanently dependent on the international community. The economy is dependent on international aid, while the privatisation process has been hijacked by vested interests. However, the High Representative has made considerable progress in liberalising the economy. This thesis concludes that there is a paradox between the international communityʼs attempts to impose reforms through the state building process, and the need to foster a democratic culture in BiH, which is a virtual protectorate of the international community. It also notes that while the international community is reluctant to condone long-term intervention in any sovereign state, withdrawing the international administration from BiH under current circumstances could destabilise the country and the region in general. Hence the state building enterprise cannot, yet, be considered a success. Given BiHʼs aspiration to join the European Union, this thesis suggests that one way of resolving the paradox between state building and democratisation in BiH would be for the EU to take ever-greater responsibility in the BiH international administration with the aim of fostering stability and eventual membership of the Union.